DC Circ. Says Jury Can't 2nd-Guess FBI Security Decisions

Law360, New York (June 3, 2011, 6:16 PM EDT) -- The D.C. Circuit on Friday overturned a jury verdict in favor of a Muslim FBI employee who claimed the agency had launched a security investigation against him in retaliation for discrimination complaints, finding that a jury cannot second-guess security judgments.

However, in a split decision, the appeals court found that plaintiff Wilfred Rattigan could pursue his retaliation claim without calling into question unreviewable agency security decisions, and therefore remanded the case to the district court for further proceedings.

The majority ruled that a jury could consider...
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