Brown v. United States Postal Service

860 F.2d 884 12 Fed.R.Serv.3d 701 Andrew L. BROWN, Plaintiff-Appellant, v. UNITED STATES POSTAL SERVICE; William F. Bolger, Postmaster General; Paul Sydney, Postmaster; Ruben Ford, Postmaster, Fresno; U.S. Office of Personnel Management Merit System Protection Board, Defendant-Appellee. No. 86-2425. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 12, 1987. Decided Oct. 26, 1988. Alan Moss, San Francisco, Cal., for plaintiff-appellant. Stephen E. Alpern, Washington, D.C., for defendant-appellee. Appeal from the United States District Court for the Eastern District of California. Before GOODWIN, Chief Judge, FLETCHER, Circuit Judge, and KING, * District Judge. PER CURIAM: 1 Andrew L. Brown, appeals the district court's decision affirming his November, 1977 termination from his job as a window clerk at the post office for Madera, California. He was discharged for "willful failure to follow established postal procedures" and "misappropriation of postal funds." Because we find Brown's termination to be an unduly severe punishment under the circumstances, we reverse and remand. 2 During October and November, 1977, a number of postal inspectors observed Brown and…