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Justia Daily Opinion Summaries

US Court of Appeals for the Tenth Circuit
September 3, 2020

Table of Contents

Baca v. Department of Army

Civil Procedure, Government & Administrative Law, Labor & Employment Law

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US Court of Appeals for the Tenth Circuit Opinions

Baca v. Department of Army

Docket: 19-9536

Opinion Date: September 2, 2020

Judge: Stephanie Kulp Seymour

Areas of Law: Civil Procedure, Government & Administrative Law, Labor & Employment Law

In September 2018, petitioner Larry Baca was removed from his position in the Directorate of Public Works at the U.S. Army White Sands Missile Range, New Mexico. Baca sought review of this decision by the Merit Systems Protection Board (MSPB), asserting three affirmative defenses to his removal. The MSPB rejected all of Baca’s defenses and affirmed his removal. He appealed only the MSPB’s determination with respect to one of his affirmative defenses, that his firing was unlawful retaliation for whistleblowing in violation of the Whistleblower Protection Act (WPA). Finding no reversible error, the Tenth Circuit affirmed the MSPB's decision.

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