Bailey v. Richardson

182 F.2d 46 (D.C. Cir., 1950), aff'd by an equally divided Court, 341 U.S. 918 (1951)


Bailey (P) was rehired by the CSC subject to removal within 18 months if the CSC investigations disclosed disqualification. Two months after reinstatement, P received an interrogatory that wanted to know if she was basically a fascist or a card-carrying member of the communist party bent on destroying the Government. P answered the interrogatories directly and specifically and denied each item of information recited therein except she was a past member for a short period of time in the American League for Peace and Democracy. P vigorously asserted her loyalty to the U.S. An administrative hearing was held, and P appeared, testified, and presented witnesses and numerous affidavits. No other witnesses other than those presented by P testified. A letter of disloyalty was sent to her employing agency. The Loyalty Review Board sustained the action of the Regional Loyalty Review Board. P filed suit; evidence is a term of art that does not include information received by a tribunal in secret with no opportunity for adversary testing. The court held that evidence was merely information because other parts of the order clearly required that the identities of confidential informants remain confidential. The court then held that the order banning P from civil service employment for three years was punishment that could not be imposed unless a criminal prosecution had taken place. It then ruled that dismissal from the government service was not punishment and was not subject to safeguards required in a criminal prosecution.