UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 17-2013 CHRISTOPHER CHIN-YOUNG, Plaintiff – Appellant, v. UNITED STATES OF AMERICA; U. S. ARMY; U.S. MERIT SYSTEMS PROTECTION BOARD; KATHLEEN COLE; ATTORNEY GENERAL OF THE UNITED STATES; DENNIS C. BARGHAAN, JR., Assistant United States Attorney; ASHTON CARTER, DOD Secretary; PATRICK J. MURPHY, Secretary of the Army; WILLIAM D. SPENCER, MSPB Clerk of the Board; DENISE PRICE; LEROY LUNDGREN, Cyber-Security Directorate, Defendants – Appellees. No. 17-2017 CHRISTOPHER CHIN-YOUNG, Plaintiff – Appellant, v. UNITED STATES OF AMERICA; U.S. ARMY; U.S. MERIT SYSTEMS PROTECTION BOARD; KATHLEEN COLE; ATTORNEY GENERAL OF THE UNITED STATES; DENNIS C. BARGHAAN, JR., Assistant United States Attorney; ASHTON CARTER, DOD Secretary; PATRICK J. MURPHY, Secretary of the Army; WILLIAM D. SPENCER, MSPB Clerk of the Board; DENISE PRICE; LEROY LUNDGREN, Cyber-Security Directorate, Defendants – Appellees. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Claude M. Hilton, Senior District Judge. (1:16-cv-01454-CMH-MSN) Argued: March 19, 2019 Decided: May 14, 2019 Before AGEE and FLOYD, Circuit Judges, and DUNCAN, Senior Circuit Judge. Affirmed in part, reversed in part, and remanded for further proceedings by unpublished opinion. Judge Duncan wrote the opinion, in which Judge Agee and Judge Floyd concurred. ARGUED: Meghan Elizabeth Monaghan, COVINGTON & BURLING LLP, Washington, D.C., for Appellant. Kimere Jane Kimball, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellees. ON BRIEF: G. Zachary Terwilliger, United States Attorney, Dennis C. Barghaan, Jr., Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellees. Unpublished opinions are not binding precedent in this circuit. 2 DUNCAN, Senior Circuit Judge: Christopher Chin-Young appeals the district court’s dismissal of his tort, discrimination, and various statutory claims on grounds of res judicata. For the reasons that follow, we affirm in part, reverse in part, and remand for further proceedings. I. Chin-Young was terminated from his position as a civilian Supervisory Program Analyst in the Army Contracting Command (the “ACC”) in Fort Belvoir, Virginia in January 2011. He challenged his termination before the Merit Systems Protection Board (the “MSPB”), an adjudicatory agency that reviews personnel matters involving certain federal employees, and he settled his initial challenge in May 2011. He has subsequently brought three petitions to enforce the settlement agreement, resulting in two decisions by the MSPB, both of which he has appealed to federal district court. His second appeal is before us now. Separate from these petitions, Chin-Young brought an additional action in Virginia state court, which was later removed to federal court. This therefore marks his third federal court action arising from his 2011 termination. We begin by describing the procedural history of these actions. Although Chin- Young’s operative complaint raises numerous claims, the principle issue before us now is the extent to which principles of res judicata bar this action. A. 3 Chin-Young initially appealed his termination to the MSPB, pursuant to the Civil Service Reform Act (the “CSRA”), 5 U.S.C. § 1101 et seq., which regulates federal employment practices. ...
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