Roth v. Veteran's Administration

856 F.2d 1401 5 Indiv.Empl.Rts.Cas. 447 Barry H. ROTH, M.D., Plaintiff-Appellee, v. VETERAN'S ADMINISTRATION of the GOVERNMENT OF the UNITED STATES, Defendant, and Charles I. Kaufman, M.D.; Peter Banys, M.D.; Nick Kanas, M.D., Defendants- Appellants. No. 87-2214. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 10, 1988. Decided Sept. 12, 1988. Andrew M. Wolfe, Asst. U.S. Atty., San Francisco, Cal., for defendants-appellants. Alanna G. Cline, Law Offices of Alanna G. Cline, Brighton, Mass., Michael F. Ram, Rasch-Chabot & Ram, San Francisco, Cal., for plaintiff-appellee. Appeal from the United States District Court for the Northern District of California. Before SKOPIL, PREGERSON and BEEZER, Circuit Judges. PREGERSON, Circuit Judge: 1 Barry H. Roth, M.D. brought suit against the United States, the Veterans Administration (VA), and three of his former supervisors, Charles I. Kaufman, M.D., Peter Banys, M.D., and Nick Kanas, M.D., alleging that they deprived him of his job as Chief of the Alcohol Inpatient Unit (AIU) at the VA in violation of his first amendment rights as a "whistleblower," his fifth amendment property rights, and his fifth amendment…