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Administrative Law Keyed to Breyer
Webster v. Doe
Citation:
486 U.S. 592 (1988)Facts
In 1973, John Doe began working for the CIA as a clerk-typist and was eventually promoted to a covert electronics technician position by 1977, consistently receiving excellent performance evaluations. In January 1982, Doe voluntarily informed a CIA security officer that he was homosexual. The Agency immediately placed him on paid administrative leave pending an investigation. After questioning and polygraph tests, which Doe passed, the CIA’s Office of Security determined that his homosexuality posed a security threat but declined to explain why. When Doe refused to resign, the Director terminated his employment under Section 102(c) of the National Security Act, deeming it “necessary and advisable in the interests of the United States.” Doe filed suit, alleging violations of the APA and constitutional rights, including due process, equal protection, and privacy rights. He sought reinstatement or, alternatively, a return to paid leave status with a reevaluation of his termination.
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