Stevenson v. DVA
25-1418
Fed. Cir.Jun 13, 2025Background
- Michael Stevenson, Jr. was removed by the Department of Veterans Affairs under 38 U.S.C. § 714.
- On appeal, the Merit Systems Protection Board (MSPB) reversed his removal but did not address his claims of retaliation for filing an EEO discrimination complaint.
- Stevenson sought Federal Circuit review, referencing claims for racial and disability discrimination.
- The Federal Circuit transferred the case to the Western District of Oklahoma, where Stevenson amended his complaint to allege ADA, Rehabilitation Act, and Title VII violations.
- The district court dismissed the discrimination claims and returned the case to the Federal Circuit for any remaining non-discrimination claims.
- The Federal Circuit again finds it lacks jurisdiction and retransfers the case to the district court for resolution.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Federal Circuit has jurisdiction over mixed case after discrimination claims dismissed | Stevenson requests review of non-discrimination claims by the Federal Circuit | VA argues district court jurisdiction remains based on original claims | No jurisdiction; entire case remains in district court |
| Proper forum for "mixed" MSPB cases involving discrimination | Stevenson seeks continuing review in Federal Circuit post-dismissal | VA asserts district court retains jurisdiction over full action | District court is the proper forum |
| Effect of dropping discrimination claims after transfer | Stevenson indicates no intent to appeal discrimination dismissal | VA argues this does not retroactively confer Federal Circuit jurisdiction | Federal Circuit still lacks jurisdiction |
| Whether case must be retransferred to district court | Stevenson seeks review; unclear if any live issues remain | VA requests retransfer for final resolution | Case retransferred for district court to resolve or close |
Key Cases Cited
- Kloeckner v. Solis, 568 U.S. 41 (2012) (mixed cases involving both adverse personnel actions and discrimination claims must be filed in district court)
- Perry v. Merit Sys. Prot. Bd., 582 U.S. 420 (2017) (district courts have jurisdiction over mixed cases)
- Williams v. Department of the Army, 715 F.2d 1485 (Fed. Cir. 1983) (en banc) (Federal Circuit lacks jurisdiction over mixed cases, even after discrimination claims are dismissed)
- Dedrick v. Berry, 573 F.3d 1278 (Fed. Cir. 2009) (retransfer is appropriate due to lack of jurisdiction after discrimination claim dismissal)