The Merit Systems Protection Board (MSPB) lacks jurisdiction to address equal employment opportunity (EEO) claims in “individual right of action” whistleblower reprisal appeals, the Fourth Circuit recently held.

In the recently decided Bishop v. Department of Agriculture, The Merit Systems Protection Board (MSPB) clarified the importance of establishing jurisdiction in whistleblower issues.

The U.S. Court of Appeals for the Federal Circuit found lawful an agency’s decision to propose a new termination action while still pursuing its appeal of its first termination action.

Senior Circuit Judge Laurence Silberman for the U.S. Court of Appeals for the District of Columbia issued a separate opinion arguing for another path to reject future Bivens claims.

The U.S. Court of Appeals for the Seventh Circuit recently held that conducting a stop and frisk at gunpoint was reasonable based on officers’ observations of a suspect’s conduct.

At the Winston-Salem Police Department, the “gang-unit,” monitors social media of confirmed gang members.

The U.S. Court of Appeals for the Fifth and Sixth Circuits are divided on temporarily halting the Department of Homeland Security (DHS) from enforcing its arrest and deportation guidance.

The Merit Systems Protection Board (MSPB) has ruled that term appointees are not entitled to serve beyond the role expiration date, nor are they entitled to a permanent position as relief in a personnel action.

Last week, in a 6-3 majority decision, the U.S. Supreme Court held that a law enforcement officer’s violation of Miranda does not provide a basis for a claim under 42 U.S.C. §1983.

The U.S. Supreme Court’s sweeping decision in Egbert v. Boule precludes almost any new kinds of Bivens claims against federal employees, opening the door to a future overturn.

The Federal Circuit recently held the Merit Systems Protection Board (MSPB) must acknowledge actual job duties to satisfy primary position criteria as position descriptions are not always current.

In Singh v. USPS, the Merit Systems Protection Board (MSPB) overruled its own early 2010s precedents on the Douglas factor disparate penalty analysis.

The Merit Systems Protection Board (MSPB) rules that an indefinite suspension following restoration of clearance is grounds for review under its jurisdiction.

In a recent decision, the Merit Systems Protection Board (MSPB) added a new element of proof to sustain a performance-based adverse action with an appeal: prior accountability.

The Merit Systems Protection Board followed the precedent of several circuit courts in resolving that they are not the proper forum for allegations of retaliation for Title VII-related issues.

When an employee exhausts administrative remedies through the Office of Special Counsel (OSC), they gain the right to appeal directly to the Merit Systems Protection Board (MSPB).

The Office of Personnel Management (OPM) instructed the Army to separate an employee from service after a probe found falsified documents during the hiring process.

The Merit Systems Protection Board holds the Army retaliated against a widow of a service member in it's first precedential decision on whistleblower protection since regaining a quorum.

The Supreme Court held that a plaintiff bringing a claim of malicious prosecution for a Fourth Amendment violation under 42 U.S.C. §1983 only needs to show prosecution ended without a conviction.

The Fifth Circuit Court of Appeals has vacated the nationwide preliminary injunction on President Biden’s vaccine mandate for the federal workforce, determining the district court lacked jurisdiction.