Background
Darrell T. Martin appealed to the Merit Systems Protection Board after the Department of Veterans Affairs removed him from federal employment. His challenge included a claim that his removal was based on disability discrimination. The Board affirmed the agency’s action, and Martin petitioned the Federal Circuit for review.
Martin told the Federal Circuit that he did not intend to abandon his discrimination claim. He also had a related, still-pending civil action in the U.S. District Court for the Eastern District of Arkansas concerning his removal and discrimination allegations. After the Federal Circuit issued an order to show cause, the DVA urged transfer to that district court, and Martin agreed that transfer would serve the interest of justice.
The Court’s Holding
The Federal Circuit held that it lacked jurisdiction because Martin’s case was a “mixed case”: he challenged an employment action appealable to the Board while also alleging prohibited discrimination, and he continued to pursue the discrimination claim on judicial review. Under 5 U.S.C. §§ 7702 and 7703(b)(2), jurisdiction over the entire mixed case rests in federal district court rather than the Federal Circuit.
The court transferred the matter and all case filings to the Eastern District of Arkansas under 28 U.S.C. § 1631. It noted that the employment action appeared to have occurred there and that Martin’s related civil complaint remained pending in that court. The order is nonprecedential.
Key Takeaways
- A federal employee who continues to pursue a discrimination claim alongside an appealable personnel challenge must seek judicial review of the entire mixed case in federal district court.
- The Federal Circuit does not obtain jurisdiction over the nondiscrimination portions of a mixed case while the discrimination claim proceeds elsewhere.
- A jurisdictionally defective Federal Circuit petition may be transferred under 28 U.S.C. § 1631 when transfer serves the interest of justice.
Why It Matters
The order reinforces the forum rule governing federal-sector mixed cases: preserving a discrimination claim directs judicial review of the entire dispute to district court. Federal employees and agency counsel should identify that jurisdictional consequence before filing a petition for review.
The transfer also avoids requiring Martin to restart his challenge in a new proceeding, particularly because a related action concerning the same removal and discrimination claim was already pending in the receiving court.