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LITIGATION REPORT

[[underlined]] NEW CASES [[/underlined]]:

1. [[underlined]] Clear v. Smithsonian Institution [[/underlined]]

On May 4, 1987, plaintiff filed suit in the U.S. District Court for the District of Columbia in the amount of $60,000 under the Federal Tort Claims Act. Plaintiff alleges that the Institution was negligent in allowing the floor at the entrance of the National Museum of American History to be covered with water and slippery on May 15, 1983. As a result, plaintiff alleges she fell and suffered severe injury. An answer was filed on July 6, 1987. Pretrial discovery is ongoing. The Smithsonian is being represented in this matter by the U.S. Attorney for the Southern District of Florida.

2. [[underlined]] Monroe v. Smithsonian Institution [[/underlined]]

On May 4, 1987, plaintiff filed this [[underlined]] pro se [[/underlined]] action in the United States Court of Appeals for the Federal Circuit (C.A. No. 87-3394), appealing the rejection of his appeal to the U.S. Merit Systems Protection Board as untimely filed. Plaintiff had been removed for cause on September 30, 1986, from his position as a guard with the Office of Protection Services. The parties are awaiting further instructions from the Court. The Institution is being represented by the Department of Justice in this matter.

3. [[underlined]] Liles v. Smithsonian Institute [[/underlined]] (sic)

On May 21, 1987, plaintiff filed this action in the United States Court of Appeals for the Federal Circuit (C.A. No. 87-3419), appealing the rejection of his appeal to the Merit Systems Protection Board as untimely filed. Plaintiff had been removed for cause on September 13, 1982, from his position as a guard with the Office of Protection Services. The parties are awaiting further instructions from the Court. The Institution is being represented by the Department of Justice in this matter.

[[underlined]] CASES PREVIOUSLY REPORTED [[/underlined]]: 

4. [[underlined]] Cofield v. Burford [[/underlined]]

On May 7, 1985, plaintiff was removed during probation from his Smithsonian security guard position. He subsequently filed both an appeal to the Merit Systems Protection Board (MSPB) and a complaint of discrimination with the Institution. The MSPB dismissed his appeal for lack of jurisdiction and plaintiff filed a [[underlined]] pro se [[/underlined]] appeal of that dismissal with the Court of Appeals for the Federal Circuit. This case was transferred to the U.S. District Court for the District of Columbia on August 22, 1986 ([[underlined]] Cofield v. MSPB [[/underlined]], No. 86-2341). Plaintiff also filed a [[underlined]] pro se [[/underlined]] suit in the U.S. District Court for the District of Columbia on March 6, 1986 ([[underlined]] Cofield v. Burford [[/underlined]], No. 86-0363), alleging the removal was discriminatorily based on his race, sex, and color under Title VII of the Civil Rights Act of 1964, as amended.