2007 CPEO Military List Archive

From: Lenny Siegel <lsiegel@cpeo.org>
Date: 14 Feb 2007 23:09:07 -0000
Reply: cpeo-military
Subject: [CPEO-MEF] Dugway (UT) whistle-blower case overturned
 
Dugway suit takes new twist
Appeals court overturns whistle-blower discrimination judgment

By Patty Henetz
The Salt Lake Tribune (UT)
February 14, 2007

A $1.5 million judgment awarded to a Dugway Proving Ground whistle-blower was overturned Tuesday in a ruling by a federal appeals court, gutting an earlier ruling by saying only the executive branch can control security clearances and that no hostile discrimination had been proven.

The 10th U.S. Circuit Court of Appeals decision was a blow to Salt Lake City resident David W. Hall, a former chemist who filed a successful discrimination lawsuit based in part on claims he lost his security status after complaining about environmental violations at the weapons research facility in Tooele County.

"I guess all I can do is sit back and cry," Hall said Tuesday evening. "I'm just in a state of shock. This has been going on since 1989."

Tuesday's ruling ignored a 2002 ruling by a U.S. Labor Department administrative law judge, who agreed the Army had illegally punished Hall for disclosing problems at the secret weapons facility with at least nine kinds of "hostile treatment."

Instead, the appeals court focused on a subsequent finding by Labor's Administrative Review Board, which agreed with the Army appeal argument that Hall hadn't proven the Army discriminated against him.

...

For the entire article, see
http://www.sltrib.com/news/ci_5223635

--


Lenny Siegel
Director, Center for Public Environmental Oversight
c/o PSC, 278-A Hope St., Mountain View, CA 94041
Voice: 650/961-8918 or 650/969-1545
Fax: 650/961-8918
<lsiegel@cpeo.org>
http://www.cpeo.org


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