5 U.S.C. § 2303
INDIVIDUAL RIGHT OF ACTION PRESERVED FOR AMOUNTS NOT OTHERWISE PROVIDED FOR UNDER THIS TITLE.
“Nothing in this title shall preclude an individual from bringing a claim against the Government of the United States which such individual may have under section 1346(b) or chapter 171 of title 28, United States Code, or any other provision of law (except to the extent the claim is for any amounts otherwise provided for under this title).
Notes of Decisions
Cited in 43
cases (13 in the last 5 years), 1980–2026 · leading case: Parkinson v. Dep't of Just., 874 F.3d 710 (Fed. Cir. 2017).
Parkinson v. Dep't of Just., 874 F.3d 710 (Fed. Cir. 2017). “We now conclude that 5 U.S.C. § 2303 requires all FBI employees to bring claims of whistleblower reprisal to the Attorney General.”
Runkle v. Gonzales, 391 F. Supp. 2d 210 (D.D.C. 2005). “5 U.S.C. § 2303 ; see also Roberts, 366 F.”
Parkinson v. Dep't of Just., 815 F.3d 757 (Fed. Cir. 2016). “5 U.S.C. § 2303 (a). The statute goes on to define “person- nel action” as “any action described in clauses (i) through (x) of section 2302(a)(2)(A) of this title with respect to an employee in, or applicant for, a position in the Bureau.”
Makky v. Chertoff, 541 F.3d 205 (3rd Cir. 2008). “§ 2000e-16(a) (Count 1); (2) employment discrimination under the Civil Service Reform Act of 1978, 5 U.S.C. § 2303 (b) (“CSRA”) (Count 2); (3) due process violations (Count 3); (4) violation of agency procedures under the CSRA (Count 4); (5) retaliation under the CSRA (Count 5);…”
Roberts v. United States Dep't of Just., 366 F. Supp. 2d 13 (D.D.C. 2005). “5 U.S.C. § 2303 (a). 2 Section 2303(b) provides that “[t]he Attorney General shall prescribe regulations to ensure that such a personnel action shall not be taken against an employee of the Bureau as a reprisal for any disclosure of information described in subsection (a) of…”
Betty J. Holderfield v. Merit Sys. Prot. Bd., 326 F.3d 1207 (Fed. Cir. 2003). “She further contends that the grievance settlement did not resolve all of her complaints.”
Ruggieri v. Merit Sys. Prot. Bd., 454 F.3d 1323 (Fed. Cir. 2006). “The administrative judge explained that in order to prove that the Board has jurisdiction over such an appeal, the appellant must show that he has exhausted his administrative remedies before the Office of Special Counsel and must make nonfrivolous allegations that (1) He…”
Makky v. Chertoff, 489 F. Supp. 2d 421 (D.N.J. 2007). “§ 2000e-16(a), and the Civil Service Reform Act of 1978 (“CSRA”), 5 U.S.C. § 2303 (b). Specifically, Dr. Makky claims employment discrimination under Title VII (Count One); employment discrimination under the CSRA (Count Two); violation of the procedural due process protections…”
Stoyanov v. Winter, 643 F. Supp. 2d 4 (D.D.C. 2009). “Plaintiffs allegations under the Whistleblower Protection Act, 5 U.S.C. § 2303 , must be dismissed because he has failed to exhaust his administrative remedies or the claim is otherwise jurisdietionally barred since plaintiff did not make a non-frivolous claim under the WPA, nor…”
Remba v. Fed'n Emp. & Guidance Serv., 4 I.E.R. Cas. (BNA) 1137 (N.Y. App. Div. 1989). “, Ann Code of Md, art 64A, § 12G; see also, 5 USC § 2302 [b] [8] [A] [ii] [reprisal prohibited for disclosure of "mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety”]; 5 USC § 2303 [a] [2] [same]; 10 USC…”
Gammill v. U.S. Dep't of Educ., 989 F. Supp. 2d 118 (D.D.C. 2013). “”) (citing 5 U.S.C. § 2303 (b)(8)). Arbitrary or not, the Court is bound by statutory limits on its jurisdiction.”
Lowrie v. Goldenhersh, 521 F. Supp. 534 (N.D. Ill. 1981). “Lowrie has been subject to the authority of the federal government continuously for five years, which regulates the conduct of its attorneys pursuant to 5 U.S.C. § 2303 . The circumstances of Lowrie’s employment may satisfy those concerns which are the reasonable basis for Rule…”
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