Eugene R. Richards, Jr. v. Kathleen L. Kiernan, Malcolm W. Brady, Edgar Domenech

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that Rule 12(b)(6) and not Rule 12(b)(1) is the appropriate avenue for dismissing claims due to failure to comply with CSRA’s exhaustion requirement
• \There is no question but that the CSRA provides the exclusive remedy for an alleged constitutional violation…arising out of federal employment.\
• “[T]he CSRA provides the exclusive remedy for an alleged constitutional violation . . . arising out of federal employment.”
• federal employee’s Bivens claim should be dismissed under 12(b)(6), not 12(b)(1), because the claim was precluded by comprehensive structure of the Civil Service Reform Act
• “Under no circumstances does the WPA grant the District Court jurisdiction to entertain a whistle-blower cause of action brought directly before it in the first instance.”

Source: CourtListener parenthetical corpus (CC0).