Brazil

Brazil v. United States Department of the Navy

Good Law
66 F.3d 193·95 Daily Journal DAR 12421·67 Empl. Prac. Dec. (CCH) 43,838·68 Fair Empl. Prac. Cas. (BNA) 1217·1995 U.S. App. LEXIS 26038
United States Court of Appeals for the Ninth CircuitSeptember 15, 1995No. 92-16615California2,495 words

Opinion

Lead Opinion

Canby, J.

In this case we must decide whether a federal court may, in the context of a Title VII discrimination case, review the Executive’s decision to revoke a security clearance or the equivalent thereof. We conclude that the court lacks jurisdiction to conduct such a review, and we therefore affirm the district court’s grant of summary judgment in favor of the Department of the Navy.

FACTS AND PROCEDURE

Mr. Ernest Brazil was a civilian employee of the United States Navy’s Military Sealift Command, and was assigned to the ship USNS Kilauea on station in the Philippines. Because Kilauea is capable of carrying nuclear weapons, the Navy requires that each member of its crew hold a Nuclear Weapons Personnel Reliability Program (PRP) certification 1 as a condition of employment. Brazil had obtained PRP certification by December of 1988, when he was assigned to Kilauea.

On May 18, 1989, Kilauea captain Bruce Butterfield paid Brazil off the ship and recommended that the Navy revoke his PRP certification. Butterfield cited as justification several disciplinary and interpersonal problems which he alleged Brazil had been involved in during his six months on board, including run-ins with…

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