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Civil Procedure Keyed to Glannon
Otherson v. Dep’t of Justice, INS
Citation:711 F.2d 267 (D.C. Cir. 1983)
Jeffrey Otherson worked as a border patrol agent for the Immigration and Naturalization Service (INS). He and a co-worker were convicted of abusing undocumented persons in the course of his employment. He was brought to trial once, but the jury failed to make a unanimous decision. At the second criminal trial, Otherson stipulated that the witnesses would testified at the second trial as they had at the first. The judge found Otherson guilty, but made no specific findings of fact. As a result of the criminal charges, Otherson was fired. When Otherson appealed the firing, the Merit Systems Protections Board (MSPB) held that Otherson was precluded from relitigating the facts decided at his criminal trial
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