Andre Chatman v. Michael P.W. Stone, Secretary of the Army

68 F.3d 480 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Andre CHATMAN, Plaintiff-Appellant, v. Michael P.W. STONE, Secretary of the Army, et al., Defendants-Appellees. No. 93-17110. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 5, 1995. Decided Oct. 10, 1995. Before: PREGERSON, KOZINSKI and HAWKINS, Circuit Judges. 1 MEMORANDUM * 2 Andre Chatman ("Chatman"), a civilian employee at Tripler Army Medical Center, was removed from his job following a verbal altercation in the hospital's fitness center during which Chatman used threatening language towards his third-level supervisor, Lieutenant Colonel Gordon Cho ("Cho"). Chatman, who had no prior disciplinary history, appealed his removal to the Merit Systems Protection Board ("MSPB"), which upheld the Army's action. 1 Chatman then filed this "mixed case," pursuant to 5 U.S.C. Sec. 7703 (b)(2), raising both discrimination and non-discrimination claims. On the nondiscrimination claims, the district…