Greene v. U.S. Agency for International Development
Overview
Overview
Three former USAID employees sued the Trump administration over their terminations following the Merit Systems Protection Board lack of action over their complaint made to the board on May 7, 2025.
The Issue
Issue
Whether three USAID employees' terminations by the Trump administration complied with federal employee procedural rights and whether remedies are available following the Merit Systems Protection Board's failure to act on their timely appeal.
The Rules
Rule
Federal employees have statutory rights to appeal adverse personnel actions through the MSPB under 5 U.S.C. §§ 7701-7703. Final MSPB decisions are subject to judicial review in federal district court under 5 U.S.C. § 7703, and agency actions may be set aside as arbitrary, capricious, or contrary to law under the Administrative Procedure Act (5 U.S.C. § 706).
The Application
Analysis
The employees filed complaints with the MSPB on May 7, 2025, appealing their terminations. After seven months without a final MSPB decision, they filed suit in federal district court seeking review of whether their terminations followed required statutory procedures and whether the MSPB properly handled their appeals.
The Conclusion
On November 6, 2026, Judge Sparkle L. Sooknanan granted the government's motion to dismiss and ended the case, entering what the court called an appealable final order. In a 30-page opinion the court held it lacked jurisdiction over several of the former USAID employees' claims because the Civil Service Reform Act channels covered personnel disputes through the Merit Systems Protection Board, and dismissed the remaining claims for failure to state a claim. The court acknowledged the plaintiffs were seemingly fired for no good reason but said it was without authority to grant them the relief that they seek in this lawsuit. The plaintiffs may appeal to the D.C. Circuit.
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