Joseph Anoruo v. Department of Veterans Affairs

The Fifth Amendment government immunity does not confer a privilege to lie. See United States v. Apfelbaum, 445 U. S. 115,117 (1980). Due process is guaran­ teed by the U.S. Constitution and applies to public employment in which the Government has established that there must be a cause to remove or suspend an individual. See Gilbert v. Homar, 520 U.S. 924, 935-36

1. (suspension); Cleveland Board of Education v. Loudermill, 470 U.S. 532, 541 (1985) (removal). Due process “is flexible and calls for such procedural pro­ tections as the particular situation demands.” Gilbert, 520 U.S. at 930 (quoting Morrissey v. Brewer, 408 U.S. 471, 481 (1972)). Defamation in a performance appraisal can occur when an employer makes false or harmful statements that damage an employee's reputation. Petition Clause of the First Amendment does not provide absolute immunity to a defendant charged with expressing libelous and damaging falsehoods. Also, see Codd v. Velger, 429 U.S. 624 (Feb 22,1977). By its terms, §1001 covers “any” false statement—that is, a false statement “of whatever kind as noted in,” United States v. Gonzales, 520 U.S. 1, 5 (1997)—including the use of the word “no” in response to a question and Brogan v. United States, 522 U.S. 398 (1988). The Questions Presented are:

2. Whether 5th Amendment due process clause of the constitution of the United States is impeded if fairness of the performance appraisal, performance improvement plan and in discovery proceeding of rele­ vant material facts needed to fully develop a record is prevented.