Marshall J. Orloff, M.D. v. Max Cleland, as Administrator, of the Veterans Administration
Opinion
Opinion
Fletcher, J.
Orloff, a former part-time physician employee of a Veterans’ Administration (VA) hospital, brought suit against the VA Administrator and various other individuals, in their official capacities, for violations of the Veterans’ Preference Act and the Due Proc ess Clause of the Constitution. He alleged that the VA terminated his employment without regard to the procedural requirements of either the Veterans’ Preference Act or the Due Process Clause of the Constitution. He further alleged that public disclosure of the VA’s charges against him constituted a deprivation of a protected liberty interest without due process. Both parties moved for summary judgment. The district court awarded summary judgment to the defendants, holding that the requirements of the Veterans’ Preference Act need not be met and that the requirements of the Due Process Clause had substantially been met. We reverse.
FACTS
The Veterans’ Hospital in San Diego employed Orloff as a part-time staff physician. His initial appointment began on September 16, 1973, for a term not to exceed thirteen months. The VA renewed his appointment for successive periods until it terminated him on November 3, 1978.