Perry v. Merit Systems Protection Board

Anthony W. Perry, a federal employee, alleged that his reassignment and removal by the Department of Homeland Security constituted discrimination and retaliation in violation of federal law. He appealed to the Merit Systems Protection Board (MSPB), filing a "mixed case" that combined civil service claims with discrimination claims. The MSPB dismissed his appeal for lack of jurisdiction, determining that the challenged actions were not directly appealable adverse actions. Perry sought judicial review, prompting the question of whether he must appeal to the U.S. Court of Appeals for the Federal Circuit or could file in U.S. district court. The Supreme Court resolved a circuit split, holding that when the MSPB dismisses a mixed case on jurisdictional grounds, the proper forum for review is the federal district court, not the Federal Circuit.

The U.S. Supreme Court ruled 7-2 that a federal district court, not the Federal Circuit, has jurisdiction to hear an appeal when the MSPB dismisses a mixed case on jurisdictional grounds. The case was remanded for further proceedings consistent with this clarification.

The central dispute was which court has jurisdiction to review an MSPB decision that dismisses a federal employee's mixed case for lack of jurisdiction: the U.S. Court of Appeals for the Federal Circuit or the federal district court.

The decision provided crucial procedural clarity for federal employees asserting discrimination claims, guaranteeing them access to de novo review in district court and preventing a jurisdictional trap that could strip them of a hearing on the merits of their civil rights allegations. It reinforced the right to a full judicial forum for mixed cases.