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March 7, 2006

Ohio Supreme Court | Ohio First District | U.S. 6th Circuit - Ohio | U.S. 6th Circuit - Other States

TOPICS:
- Procedural due process

Ohio Supreme Court: No Opinion.
First District Court of Appeals: [Search Other Ohio Districts]; No Opinion.
U.S. Sixth Circuit Court of Appeals: Ohio Cases: No Opinion.
U.S. Sixth Circuit Court of Appeals: Other States Cases: Fligiel v. Samson; et al (March 7, 2006) (Appeal from E.D. Michigan)
- http://www.ca6.uscourts.gov/opinions.pdf/06a0087a-06.pdf
- This is an appeal of the district court's refusal to set aside its grant of summary judgment to the Veterans Administration (VA) in a suit brought by a physician who was transferred to a VA facility without notice and an opportunity to respond, as required by statute and Veterans Administration agency regulations. The district court found that Dr. Suzanne Fligiel's transfer was a "major adverse action," entitling her to procedural protections, including advance notice and an opportunity to respond. However, the court held that the denial of procedural due process was harmless error and granted the VA summary judgment. On appeal, Fligiel argues that the application of the harmless error test was inappropriate under Wilson v. Social Security, 378 F.3d 541 (6th Cir. 2004), and that the district court wrongly relied on information outside of the agency record in making its determination. It is unnecessary to address these claims on the merits, however, because we find that judicial review of this matter was precluded in the first instance. Therefore, we vacate the district court's grant of summary judgment to the VA, with remand to the district court for an entry of dismissal pursuant to United States v. Fausto, 484 U.S. 439 (1988).

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