Panoke

Panoke v. United States Army Military Police Brigade

Good Law
307 F. App'x 54
United States Court of Appeals for the Ninth CircuitJanuary 6, 2009No. 07-17229California388 words

Opinion

Lead Opinion

MEMORANDUM *

George Panoke appeals the district court’s grant of summary judgment in his action against the United States Army Military Police Brigade and Pete Geren, the Secretary of the Department of the Army (“Arm/’). We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo a district court’s grant of summary judgment. Long v. County of L.A., 442 F.3d 1178, 1184 (9th Cir.2006). We affirm.

The district court properly found that the circumstances surrounding the revocation of a security clearance are nonjusticiable. We have previously found that the preclusion of review of security clearance decisions under Department of the Navy v. Egan, 484 U.S. 518 , 108 S.Ct. 818 , 98 L.Ed.2d 918 (1988), applies equally in *56 the context of a Title VII discrimination action. Brazil v. U.S. Dep’t of Navy, 66 F.3d 193 , 196 (9th Cir.1995). The nonjusticiability doctrine precludes review in this case even though review is not precluded by statute. See Baker v. Carr, 369 U.S. 186 , 82 S.Ct. 691 , 7 L.Ed.2d 663 (1962). A review of the circumstances surrounding a security clearance is tantamount to a review of the security clearance itself. Therefore, the circumstances surrounding…

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