Robert E. Benson v. United States of America, Paul H. Nitze

Appellant, who was the plaintiff below, sought declaratory relief and damages for his alleged wrongful discharge as a civil service employee at the Norco Naval Ordnance laboratory at Corona, California, where he worked as a physicist with a GS-9 rating. Suit was brought against various agencies and officials, both in their official and individual capacities, under 28 U.S.C. §§ 1331 , 1332, 2201 and 2202.

On January 16, 1967, partial summary judgment was rendered in favor of all officials in their individual capacities with the right reserved to the appellant to amend his complaint, which he did. On January 22, 1968, after expressing some doubt as to its personal jurisdiction over the various defendants, the district court handed down a memorandum opinion affirming the appellant’s discharge from employment. This appeal followed. Our jurisdiction rests upon 28 U.S.C. § 1291 . We affirm.

(a) Factual Background

Appellant was employed from November 21, 1960 until December 14, 1964 as a permanent Civil Service employee. His initial performance on the job was rated high, and he received a promotion from GS-7 to GS-9. However, in 1963 and 1964, difficulties arose between Benson and his…