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Bohac v. Department of Agriculture

United States Court of Appeals, Federal Circuit
239 F.3d 1334 (2001)


Facts

Bohac (plaintiff) was terminated from her position of employment with the Department of Agriculture (government) (defendant) after allegedly engaging in whistleblower activities. Bohac successfully appealed her termination on the ground that her removal from employment violated section 1221 of the Whistleblower Protection Act (WPA), 5 U.S.C. § 1221(g)(1)(A)(ii). On July 14, 1998, Bohac filed a motion for damages, requesting an award of $14,021.32 for pecuniary losses, and $150,000 for non-pecuniary damages. The non-pecuniary damages sought by Bohac included damages for physical and emotional suffering, damage to Bohac’s personal and professional reputation, and damages for various injuries to her family life. In an initial decision issued October 26, 1998, an administrative judge for the Merit Systems Protection Board (Board) granted Bohac her requested pecuniary damages, but denied her claims for non-pecuniary damages. Bohac appealed to the full Board, and the Board affirmed the denial of her non-pecuniary damages claims. Bohac petitioned for review from the United States Court of Appeals for the Federal Circuit.

Rule of Law

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Issue

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Holding and Reasoning (Dyk, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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