Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Jonson v. Federal Deposit Insurance Corp.

United States Court of Appeals, First Circuit

December 8, 2017

PAUL D. JONSON; NOREEN A. JONSON, Appellants,
v.
FEDERAL DEPOSIT INSURANCE CORPORATION, Appellee.

         APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS Hon Rya W. Zobel, U.S. District Judge

          Elizabeth S. Dillon and Brian D. Fishman, with whom Cetrulo LLP was on brief, for appellants.

          John W. Guarisco, Counsel, Federal Deposit Insurance Corporation, with whom Colleen J. Boles, Assistant General Counsel, and Kathryn R. Norcross, Senior Counsel, were on brief, for appellee.

          Before Barron, Selya, and Stahl, Circuit Judges.

          STAHL, CIRCUIT JUDGE

         Plaintiff-Appellant, Paul D. Jonson ("Jonson") commenced two different actions against the Federal Deposit Insurance Corporation ("FDIC"), challenging its decision to terminate his employment.[1] When the case reached the district court, the court dismissed Jonson's complaint for lack of subject matter jurisdiction. Jonson appeals the district court's decision.

         First, Jonson disputes the district court's conclusion that he waived his associational disability discrimination claim. Second, Jonson requests that the Court transfer the case to the Federal Circuit. Finding that both of Jonson's arguments on appeal lack merit, we affirm.

         I. Procedural History

         Jonson worked at the FDIC for more than 20 years. In 2010, Jonson and his wife both filed for bankruptcy, they said, as a result of expenditures they incurred in caring for their sick daughter. In September 2011, both Jonson and his wife received a bankruptcy discharge.

         In November 2011, Jonson applied for a special short-term assignment through the FDIC with the United States Treasury. As a part of the background check required for this position, Jonson disclosed the fact of his bankruptcy. On January 29, 2013, the FDIC terminated Jonson's employment with the agency because of his failure to meet the minimum standards of fitness and integrity established and required by 12 U.S.C. § 1822(f)(4).

         On February 28, 2013, Jonson exercised his rights, pursuant to the Civil Service Reform Act of 1978, 5 U.S.C. § 1101 et seq. ("CSRA"), by timely filing an appeal of his termination with the Merit Systems Protection Board ("MSPB"). Jonson alleged that (1) the basis proffered by the agency for his removal, the minimum standards of fitness and integrity, were invalid; (2) the termination violated the anti-discrimination provision of the Bankruptcy Code, 11 U.S.C. § 525(a); and (3) the termination constituted associational disability discrimination, in violation of the Rehabilitation Act, 29 U.S.C. §§ 791, 794.

         On June 14, 2013, the administrative law judge ("ALJ") issued a ruling in Jonson's favor. The ALJ did not reach the merits of Jonson's discrimination claims. Rather she determined that the FDIC exceeded its authority in promulgating the minimum standards regulations, the basis by which the FDIC terminated Jonson, because it failed to obtain the concurrence of the Office of Government Ethics ("OGE"). From that ruling, the FDIC took an interlocutory appeal. The MSPB affirmed the ALJ's reversal of Jonson's removal and remanded the case to the ALJ to consider the merits of Jonson's discrimination claims.[2]

         On June 27, 2014, Jonson's counsel, by letter, withdrew Jonson's discrimination claims with prejudice. The purpose of the withdrawal was to enable Jonson to immediately return to employment at the agency. Subsequently, the ALJ issued an initial decision, ordering, as interim relief, that the FDIC reinstate Jonson.

         The FDIC petitioned for review of the ALJ's initial decision and the MSPB reversed its prior ruling, finding that the minimum standards regulations had been properly promulgated.[3] The MSPB canceled the ALJ's order of interim relief and remanded the matter to the ALJ and as part of that ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.