Archuleta v. Hopper

Summary

The United States Court of Appeals for the Federal Circuit granted the Office of Personnel Management’s petition for rehearing for the limited purpose of clarifying that the Merit Systems Protection Board had jurisdiction to review Tony D. Hopper’s debarment and cancellation of eligibilities as part of a unified penalty arising from the same circumstances as his removal. The court denied the petition in all other respects and withdrew and replaced its prior opinion.

Holdings

1. The Merit Systems Protection Board had jurisdiction to review Hopper's debarment and cancellation of eligibilities as part of a unified penalty arising from the same set of circumstances as his removal.

Questions Presented

1. Whether the Merit Systems Protection Board had jurisdiction to review Hopper's debarment and cancellation of eligibilities when those measures formed part of a unified penalty arising from the same circumstances as his removal.

Disposition

other