Stokwitz v. United States

831 F.2d 893 60 A.F.T.R.2d 87 -5952, 87-2 USTC P 9606 Stephen S. STOKWITZ, Plaintiff-Appellant, v. UNITED STATES of America, Department of the Navy of the United States of America, Department of Justice of the United States of America, Defendants-Appellees. No. 86-5883. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 4, 1987. Decided Nov. 3, 1987. Emory L. Boutilier, San Diego, Cal., for plaintiff-appellant. John Neece, San Diego, Cal., for defendants-appellees. Appeal from the United States District Court for the Southern District of California. Before BROWNING, Chief Judge, TANG and REINHARDT, Circuit Judges. JAMES R. BROWNING, Chief Judge: Stokwitz was employed as a civilian attorney by the United States Navy at the Naval Ocean Systems Center ("NOSC"). Stokwitz's secretary and assistant gave a list of allegations of misconduct involving Stokwitz to his immediate supervisor. The supervisor requested a Naval Investigative Service ("NIS") inquiry. Stokwitz was informed of the investigation, ordered to surrender his access badge, and escorted off NOSC property. Shortly thereafter, Stokwitz's supervisor, his secretary, his assistant, and another NOSC…