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Administrative Law Keyed to Mawshaw
Webster v. Doe
Citation:
486 U.S. 592 (1988)Facts
John Doe was employed by the CIA since 1973, receiving excellent performance ratings and advancing to a position as a covert electronics technician by 1977. 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 polygraph interviews where Doe denied having sexual relations with foreign nationals or disclosing classified information to sexual partners, the Agency’s Office of Security determined that his homosexuality posed a security threat. 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 claims including deprivation of property, liberty, and privacy rights under the First, Fourth, Fifth, and Ninth Amendments. He sought reinstatement or, alternatively, a reevaluation of his termination with a statement of reasons for any adverse determination.
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