Semper v. United States

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Semper worked as a probation officer for the District Court of the Virgin Islands until he was removed from his position on August 6, 2010. The reason given for his termination was that he was negligent in supervision of a convicted defendant who was killed while on release pending sentencing. . Semper filed a complaint in the Claims Court against the United States, the Chief Judge, and the court’s Chief Probation Officer. The Claims Court dismissed, holding that it lacked jurisdiction. The Federal Circuit affirmed, first holding that the Civil Service Reform Act of 1978, 5 U.S.C. 7501-7543, applied to Semper, regardless of which governmental branch employed him. He was classified as a member of the “excepted service,” not the “competitive service,” and was not among those excepted service employees whom the statute makes eligible for judicial or administrative review of adverse agency action. View "Semper v. United States" on Justia Law