NOTE: This disposition is nonprecedential. United States Court of Appeals for the Federal Circuit ______________________ RICHARD A. KOESTER, Petitioner v. UNITED STATES PARK POLICE, Respondent ______________________ 2017-2613 ______________________ Petition for review of an arbitrator’s decision in No. 16-53707-A by James M. Harkless. ______________________ Decided: January 3, 2019 ______________________ JOHN SCOTT HAGOOD, JR., Hannon Law Group, Wash- ington, DC, argued for petitioner. IGOR HELMAN, Commercial Litigation Branch, Civil Division, United States Department of Justice, Washing- ton, DC, argued for respondent. Also represented by ROBERT EDWARD KIRSCHMAN, JR., LOREN MISHA PREHEIM, JOSEPH H. HUNT. ______________________ Before WALLACH, CLEVENGER, and STOLL, Circuit Judges. 2 KOESTER v. UNITED STATES PARK POLICE CLEVENGER, Circuit Judge. A former police officer with the United States Park Police appeals from an arbitrator’s decision upholding the Park Police’s decision to remove him from the Federal Service. Because the arbitrator erred when he ignored certain evidence of alleged mitigating circumstances surrounding the incident that led to the officer’s removal, we vacate and remand. BACKGROUND I Richard Koester became an officer with the United States Park Police in 1996. He was assigned to patrol Liberty and Ellis Islands through the New York Field Office, which includes the Statue of Liberty – a popular tourist destination, national icon, and top terrorist target. Officers assigned to work at the Statue of Liberty may be the first and last line of defense against those who at- tempt to damage the landmark or injure others, which is why those officers are issued weapons, ammunition, and badges and their state of mind is considered of paramount importance. Mr. Koester had a checkered history during his tenure with the Park Police. In 2001, he was arrested by his fellow officers and charged with several felony offenses. Although the charges were ultimately dismissed and Mr. Koester was ordered back to work, he took a significant period of leave from the Federal Service. He returned to the Park Police in February 2009 and was stationed in Washington, D.C., rather than New York. Thereafter, Mr. Koester asserts that he was bullied, mocked, and generally excluded by his fellow officers. His wife di- vorced him around that time and Mr. Koester, admittedly not responding well to the difficult life circumstances, started drinking. In July 2009, he made inappropriate radio transmissions off-duty after drinking, was placed on KOESTER v. UNITED STATES PARK POLICE 3 light duty and charged by the Park Police for the inappro- priate conduct. He ultimately served a two-day suspen- sion for that transgression. Mr. Koester requested to be transferred back to the New York Field Office, and that request was granted in January 2011. He was written up several times by the Park Police after he returned to New York, including for permitting a breach of security in July 2011, abandoning his post without leave to use the bathroom and print timesheets in December 2011, and watching television in his patrol car while on duty in March 2012. Mr. Koester then experienced a traumatic event in October 2012. ...
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