Kloeckner v. Solis
Kloeckner v. Solis, 568 U.S. 41 (2012), is a decision by the Supreme Court of the United States involving federal employee grievance procedures under the Civil Service Reform Act of 1978. The issue was whether a so-called "mixed case" involving both wrongful termination and discrimination claims should be appealed from the Merit Systems Protection Board to a federal district court or to the United States Court of Appeals for the Federal Circuit.
| Kloeckner v. Solis | |
|---|---|
Supreme Court of the United States | |
| Argued October 2, 2012 Decided December 10, 2012 | |
| Full case name | Carolyn M. Kloeckner v. Hilda L. Solis, Secretary of Labor |
| Docket no. | 11-184 |
| Citations | 568 U.S. 41 (more) 133 S. Ct. 596; 184 L. Ed. 2d 433; 2012 U.S. LEXIS 9420; 116 FEP Cases 1153; 81 U.S.L.W. 4018 |
| Argument | Oral argument |
| Case history | |
| Prior | Motion to transfer granted, Kloeckner v. Solis, (D.D.C., May 15, 2009); dismissed, No. 4:09-CV-804, 2010 WL 582590 (E.D. Mo., Feb. 18, 2010); affirmed, 639 F.3d 834 (8th Cir. 2011); cert. granted, 565 U.S. 1152 (2012). |
| Holding | |
| A federal employee who claims that an agency action appealable to the Merit Systems Protection Board violates an antidiscrimination statute listed in §7702(a)(1) of the Civil Service Reform Act should seek judicial review in district court, not the Federal Circuit, regardless whether the MSPB decided her case on procedural grounds or on the merits. Eighth Circuit reversed and remanded. | |
| Court membership | |
| |
| Case opinion | |
| Majority | Kagan, joined by unanimous |
| Laws applied | |
| 5 U.S.C. § 7702(a)(1) (Civil Service Reform Act of 1978) | |
The Supreme Court granted certiorari to resolve a circuit split on the issue and ruled unanimously, in an opinion delivered by Justice Elena Kagan, that the statute clearly provided for appeal to a district court in such cases.
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