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Sanders v. Veridiano II_Garcia Uploaded by AimeeGraceAraniegoGarcia
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W. David Nichols v. Alabama State
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Case Digest Department of
Franklin Savings v. United States,
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Sanders v. Veridiano II Petitioners: A.S. MOREAU- commanding officer of the Subic Naval Base DALE SANDERS- special services director of the U.S. Naval Station (NAVSTA) Respondents: HON. REGINO T. VERIDIANO II- as Presiding Judge, Branch I, Court of First Instance of Zambales, Olongapo City
ANTHONY M. ROSSI and RALPH L. WYERS- employed as gameroom attendants in the sp services department of the NAVSTA Facts:
October 3, 1975- Rossi and Wyers were advised that their employment had been converted permanent full-time to permanent part-time.
Their reaction was to protest this conversion and to institute grievance proceedings conforma the pertinent rules and regulations of the U.S. Department of Defense.
The result of the hearing for reinstatement, was a r ecommendation for the private respondents reinstated to permanent full-time status plus backwages.
November 7, 1975- before the start of the grievance hearings Moreau sent a letter to the Ch Naval Personnel explaining the change of the private respondent's employment status and re concurrence therewith.
May 17, 1976- In a letter addressed to petitioner Moreau, Sanders disagreed with the hearing of report and asked for the rejection of the above stated rec ommendation.
Below are Sander s reasons, based on the letter: ’
o
Mr. Rossi tends to alienate most co -workers and supervisors
o
Rossi and Wyers have proven, according to their immediate supervisors, to be di employees to supervise
Even though the grievants were under oath not to discuss the case with anyone, (they) p the records in public places where others not involved in the case co uld hear. Sign up to vote on this title Rossi and Wyer sued the petitioners in t heir personal capacity in the CFI for damages claimed th Useful useful Notand letters contained libelous imputations that had exposed them to ridicule caused them m o
anguish and that the prejudgment of the grievance proceedings was an invasion of their person proprietary rights.
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W. David Nichols v. Alabama State
1
of 2
Case Digest Department of
Franklin Savings v. United States,
Search document
respondents, and had a hand in their employment, work assignments, discipline, dismissal and related matters. As for Moreau, what he is claimed to have done was write the Chief of Naval Pers
for concurrence with the conversion of the private respondents' type of employment even befor grievance proceedings had even commenced. Disregarding for the nonce the question of its timel
this act is clearly official in nature, performed by Moreau as the immediate superior of Sander directly answerable to Naval Personnel in matters involving the special services department of
In fact, the letter dealt with the financial and budgetary problems of the department and cont recommendations for their solution, including the re-designation of the private respondents. Ther nothing personal or private about it.
Ruling of the court on State Immunity: There should be no question by now that such complaint cannot prosper unless the government sou
be held ultimately liable has given its consent to' be sued. The court upheld the doctrine of state imm
as applicable not only to our own government but also to foreign states sought to be subjected t jurisdiction of our courts. The practical justification for the doctrine, as Holmes put it, is that "there no legal right against the authority which makes the law on which the right depends.
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