Background
Gibao E. Kani-Goba challenged the Department of Health and Human Services’ decision to remove him from federal service. The Merit Systems Protection Board affirmed the removal and found that Kani-Goba had not alleged facts during the underlying hearing that would support finding a racial motive for the agency’s action.
Kani-Goba petitioned the Federal Circuit for review and indicated that he intended to continue pursuing his discrimination claim. After the court issued a show-cause order, HHS urged dismissal, while Kani-Goba asked the Federal Circuit to hear the case.
The Court’s Holding
In a nonprecedential per curiam order, the Federal Circuit held that the case belonged in federal district court. Under 5 U.S.C. §§ 7702 and 7703(b)(2), district courts—not the Federal Circuit—have jurisdiction over mixed cases involving both an action appealable to the MSPB and an allegation that the action was based on covered discrimination.
Because it appeared undisputed that Kani-Goba alleged his removal was based at least partly on covered discrimination and continued to pursue that theory, the court transferred the entire matter and all filings under 28 U.S.C. § 1631. Although HHS suggested the Southern District of Ohio, the Federal Circuit selected the District of Maryland because the employment action appeared to have occurred there and Kani-Goba previously had filed a related employment-discrimination suit there.
Key Takeaways
- A federal employee’s MSPB case belongs in district court when it combines an appealable personnel action with a claim of covered discrimination.
- The Federal Circuit transferred the case rather than dismissing it, preserving the filings for consideration by the District of Maryland.
- The District of Maryland may address any additional issues the parties raise, including issues beyond the Federal Circuit’s jurisdictional ruling.
Why It Matters
The order reinforces the jurisdictional path for federal-sector mixed cases: when an employee continues to pursue a discrimination theory alongside an MSPB challenge, review lies in federal district court rather than the Federal Circuit.
It also illustrates how a court may choose a transferee district under 28 U.S.C. § 1631 by considering where the employment action occurred and where related litigation previously was filed.