Constitutional Law Keyed to Chemerinsky
Richard Nixon v. A. Ernest Fitzgerald
The Plaintiff, Ernest Fitzgerald (Plaintiff), was fired from his job with the Air Force as cost-management analyst because he embarrassed his superiors by testifying about certain cost-overruns. The Air Force said he was fired because of reorganization and a reduction in force. An internal memo was passed through White House staff saying the Plaintiff was a “top notch cost expert” but with “very low marks of loyalty” and recommended that they “let him bleed.” At a press conference, the Defendant said he personally made the decision to fire the Plaintiff. The White House later retracted the statement saying that the Defendant had confused the Plaintiff with another employee. The Plaintiff brought suit and the Defendant moved for summary judgment on the ground of absolute immunity from suit.
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