[Download] "Tolen v. Ashcroft" by United States Court of Appeals for the Eighth Circuit * Book PDF Kindle ePub Free
eBook details
- Title: Tolen v. Ashcroft
- Author : United States Court of Appeals for the Eighth Circuit
- Release Date : January 28, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
Submitted: May 10, 2004 Eric Tolen (""Tolen"") was employed by the Department of Justice as an Assistant United States Attorney from 1987 until his termination in 1999. His termination followed allegations of, inter alia: perjury in connection with his brother's bank robbery trial, the unauthorized outside practice of law, making false statements to investigating officers, using government time, clerical assistance, and space for personal reasons, and misusing his position as an Assistant United States Attorney for personal gain. Pursuant to Department of Justice policy, Tolen was placed on administrative leave while the Executive Office for United States Attorneys (""EOUSA"") completed an investigation into the allegations and ultimately recommended Tolen's dismissal. After being terminated, Tolen brought numerous claims of racial discrimination and retaliation against various defendants, including Attorney General Ashcroft, FBI Special Agent Gary Fuhr, and former Department of Justice attorney Joseph Gontram, under Title VII and Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971). The defendants moved to dismiss Counts IV through IX of Tolen's First Amended Complaint, and Tolen conceded that some of the counts were precluded by remedies under the Civil Service Reform Act. The district court1 granted the Motion to Dismiss. Consequently, Counts I, II, and III, which alleged race discrimination and retaliation against Attorney General Ashcroft (Counts I and II) and Special Agent Fuhr (Count III), remained. The district court then granted Tolen leave to amend his complaint. In a four-count Second Amended Complaint, Tolen solely named Attorney General Ashcroft as a defendant and sought to hold him liable for race discrimination and retaliation under Title VII.
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