Stone v. Federal Deposit Insurance Corporation
United States Court of Appeals for the Federal Circuit
179 F.3d 1368 (1999)
The FDIC (defendant) began removal proceedings against bank examiner Milton Stone (plaintiff) for submitting false leave requests, and the deciding official recommended dismissal, which the FDIC carried out. On appeal to the Merit Systems Protection Board, Stone discovered the deciding official had received ex parte communications from other FDIC officials recommending his dismissal, though the official stated in an affidavit he would have reached the same conclusion regardless; an administrative judge rejected Stone's harmful-error argument, and Stone appealed.
Whether, in administrative proceedings regarding a public employee's dismissal, the introduction of new and material information through ex parte communications violates the employee's constitutional due-process right to notice and an opportunity to respond.