Court security officer loses False Claims Act suit against Marshals Service

by Ben Vernia | December 15th, 2010

In a December 13 decision, District Judge James Gwin of the District of Columbia granted the U.S. Marshals Service’s motion for summary judgment against a former court security officer’s complaint which alleged (among other things) that the USMS violated the False Claims Act’s antiretaliation provision, 31 U.S.C. 3730(h). The former CSO alleged that the USMS removed her from a contract to provide security services in the D.C.-area federal trial and appellate courts (which the USMS refers to as the “Twelfth Circuit”) in retaliation for whistleblowing activities.

Judge Gwin agreed with the unrebutted position of the USMS that the CSO had failed to exhaust her administrative remedies, a necessary prerequisite to suit against the government.

In somewhat related news, NPR reported today that President Obama was poised to announce D.C. civil rights and employment attorney Carolyn Lerner to head the Office of Special Counsel, which investigates complaints brought by federal whistleblowers.

Leave a Reply

Recent Posts

Recent Comments