FBI Agent Firing In Larry Nassar Matter Affirmed

The United States Court of Appeals for the District of Columbia Circuit affirmed the dismissal of claims brought by an FBI agent fired for mishandling the Larry Nassar sex abuse of athletes investigation

Michael W. Langeman (Langeman) appeals the district court’s dismissal of his complaint for failure to state a claim. Langeman v. Garland, Civil Case No. 21-2888, 2022 WL 5240112 (D.D.C. Aug. 23, 2022). Langeman brought suit after he was summarily terminated from his position as a Special Agent with the Federal Bureau of Investigation (FBI) when a probe by the United States Department of Justice (DOJ) revealed Langeman’s role in the mishandling of the investigation into sexual abuse allegations against USA Gymnastics Physician Lawrence Gerard Nassar. Langeman alleged violations of his constitutional rights as protected by the Fifth Amendment’s Due Process Clause against Merrick B. Garland, in his official capacity as the Attorney General of the United States, the DOJ, the FBI, and two FBI officials (FBI Director Christopher A. Wray and FBI Deputy Director Paul Abbate) (collectively Appellees). Langeman alleged that his termination violated a constitutionally protected property interest in his continued employment and deprived him of a constitutionally protected liberty interest in his reputation, thereby damaging his future employment in law enforcement. For the reasons below, we affirm the district court’s dismissal of Langeman’s claims.

The dismissal occurred after a report of the Office of Inspector General

The OIG concluded that Langeman mishandled evidence and failed to refer allegations through the proper channels, which delayed the investigation by over a year and led to the abuse of seventy or more athletes during the delay. The OIG also concluded that Langeman made false statements during both of his OIG-compelled interviews.

Dismissal

On August 31, 2021, Langeman was summarily dismissed from the FBI in a letter authored by Deputy Director Abbate. Abbate stated that he had “carefully reviewed the findings of the OIG” and concluded that Langeman had violated various FBI Offense Codes. J.A. 22. Abbate further expressed that due in part to Langeman’s misconduct, “a perpetrator was able to victimize dozens of individuals,” and that Langeman’s actions “severely and negatively impacted the reputation of the FBI and diminished the trust and confidence of the American people.” J.A. 22. Abbate concluded that he was “summarily dismissing” Langeman from the FBI “[i]n accordance with established policy, [and the] decision in this matter is final

Circuit Judge Childs authored the opinion. (Mike Frisch)