A., “Slim Dunking,” (surname withheld on order of court), was employed as a “security specialist” (a.k.a. “Security guard”) and a “security patrol” by the United States Department of Justice. On November 13, 1997, appellant was arrested by Drug Enforcement Administration (DEA) agents and taken to a DEA facility in Columbia, Kentucky. On November 23, 1997, after a two-month detention, appellant was informed of the charges against him by a DEA officer, and on December 7, 1997, appellant appeared before DEA agents at the Clark County, Kentucky, Jail. During the following three days of his detention, appellant was questioned by DEA agents (and subsequently by the Federal Bureau of Alcohol, Tobacco and Firearms (“ATF'')) concerning his prior criminal activity. All the interrogations were conducted in front of DEA agents and the FBI agents present. After appellant's detention, he was released on a 40 bond. However, on January 4, 1998, one of the investigating ATF agents advised the U.S. Attorney's Office about certain information and a subsequent search of appellant's apartment turned up more than 5 kilograms of cocaine. ATF agents interviewed appellant again, and on January 10, 1998, appellant signed a written statement confessing to the cocaine conspiracy charged in the criminal information. On January 17, 1998, appellant filed an ex parte application with the Federal Employees Compensation Appeals Board (“CCB”) for determination of whether he would have suffered a hearing loss as a result of the interrogation and/or search. The Board denied the application on February 5, 1998. On March 24, 1998, appellant filed amended claims for compensatory damages on the claim of wrongful arrest, and the CCB denied those claims for a second time, and granted his third amended application for determination of whether he would have suffered a hearing loss as a result of his interrogation and/or search. On July 22, 1999, the United States Department of Justice (DOJ) appealed the decisions of the CCB. On September 11, 1999, the Board reversed the denial of appellant's compensation claims, holding that the statements appellant signed were voluntary and therefore admissible in evidence to prove appellant's guilt. Appellant then sued the Office of Special Counsel, U.S. Department of Justice (“OSC”), in Federal Court under 42 U.S.C. § 1981.
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U. S. DEPARTMENT OF LABOR Employees Compensation Appeals Board In the Matter of DONALD M. LINDGREN and DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION, Washington, DC Docket No. 98-626; Submitted
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