Sampson v. Murray

415 U.S. 61 (1974)

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Nature of the Case

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Facts

Respondent Murray (P) is a probationary employee in the Public Buildings Service of the General Services Administration (GSA). P was hired as a program analyst by the Public Buildings Service after previous employment in the Defense Intelligence Agency. Under the regulations of the Civil Service Commission, this career-conditional appointment was subject to a one-year probationary period. Applicable regulations provided that P, during this initial term of probation, could be dismissed without being afforded the greater procedural advantages available to permanent employees in the competitive service. Approximately four months after her employment with GSA began, P was advised in writing by the Acting Commissioner of the Public Buildings Service, W. H. Sanders, that she would be discharged from her position on May 29, 1971. The letter which respondent received from the Acting Commissioner, notifying P of the date of her discharge, stated that the reason for her discharge was her 'complete unwillingness to follow office procedure and to accept direction from [her] supervisors.' After receipt of the letter, P's counsel met with a GSA personnel officer to discuss her situation and, in the course of the meeting, was shown a memorandum prepared by an officer of the Public Buildings Service upon which Sanders apparently based his decision to terminate respondent's employment. The memorandum contained both a discussion of P's conduct in her job with the Public Buildings Service and a discussion of her conduct during her previous employment at the Defense Intelligence Agency. Relying upon the inclusion of the information concerning her previous employment, Pt's counsel requested that she be given a detailed statement of the charges against her and an opportunity to reply - the procedures to which she would be entitled under the regulations if the basis of her discharge had been conduct during her previous employment. This request was denied. P then filed an administrative appeal with the Civil Service Commission pursuant to the provisions of 5 CFR 315.806 (c), alleging that her termination was subject to 315.805 and was not effected in accordance with the procedural requirements of that section. While her administrative appeal was pending undecided, she filed this action. P filed this action in the United States District Court for the District of Columbia, seeking to temporarily enjoin her dismissal pending her pursuit of an administrative appeal to the Civil Service Commission. The District Court granted a temporary restraining order, and after an adversary hearing extended the interim injunctive relief in favor of respondent until the Acting Commissioner of the Public Buildings Service testified about the reasons for P's dismissal. A divided Court of Appeals for the District of Columbia Circuit affirmed, rejecting the Government's contention that the District Court had no authority whatever to grant temporary injunctive relief in this class of cases, and holding that the relief granted by the District Court in this particular case was within the permissible bounds of its discretion.