Justia Military Law Opinion Summaries

Michael Poffenbarger, a First Lieutenant in the Air Force Reserve, filed a lawsuit challenging the Air Force’s COVID-19 vaccine mandate, claiming it violated the Religious Freedom Restoration Act (RFRA) and the First Amendment. He sought a religious exemption, which was denied, and subsequently refused the vaccine. As a result, he received a letter of reprimand and was placed on inactive status, losing pay and retirement points. Poffenbarger sought declaratory and injunctive relief, including restoration of lost pay and points.The United States District Court for the Southern District of Ohio initially granted a preliminary injunction preventing the Air Force from taking further punitive action against Poffenbarger. In a related case, Doster v. Kendall, the same court certified a class of affected service members and issued similar injunctions. The Sixth Circuit affirmed these injunctions, but the Supreme Court later vacated the decision on mootness grounds after Congress directed the rescission of the vaccine mandate. The district court then dismissed Poffenbarger's case as moot.The United States Court of Appeals for the Sixth Circuit reviewed the district court’s dismissal de novo. The court held that Poffenbarger’s claim for lost drill pay and retirement points was barred by federal sovereign immunity. The court explained that RFRA’s waiver of sovereign immunity does not unequivocally include claims for money damages against the federal government. Since Poffenbarger’s claim sought retrospective compensation for a previous legal wrong, it constituted money damages, which are not covered by RFRA’s waiver. Consequently, the Sixth Circuit affirmed the district court’s dismissal of the case. View "Poffenbarger v. Kendall" on Justia Law

Carl Grant, a Vietnam War veteran suffering from dementia and PTSD, left his home in Conyers, Georgia, on February 2, 2020, and ended up in Birmingham, Alabama. Officer Vincent Larry of the Birmingham Police Department found Grant disoriented and detained him for a misdemeanor. Grant was taken to a hospital, where he was treated for minor injuries. While being escorted to the restroom, Larry allegedly assaulted Grant, causing severe spinal injuries that led to Grant's death on July 24, 2020. William Jenkins, representing Grant's estate, filed a lawsuit against Larry, the City of Birmingham, and various city officials.The Jefferson Circuit Court granted a summary judgment in favor of the City defendants, dismissing Jenkins's claims with prejudice on February 22, 2023. Jenkins filed a postjudgment motion on March 21, 2023, which was denied by operation of law on June 20, 2023. Jenkins also filed a "motion for clarification" on April 28, 2023, which the court purported to grant on June 21, 2023, reinstating claims against Larry and Scott Thurmond. However, this order was a nullity as the court had lost jurisdiction after the postjudgment motion was denied by operation of law.Jenkins filed a notice of appeal on November 3, 2023, which was dismissed as arising from a non-final order. He then filed another appeal on January 24, 2024, which was transferred to the Supreme Court of Alabama. The Supreme Court of Alabama dismissed the appeal, instructing the circuit court to vacate its June 21, 2023, order and all subsequent orders, as they were nullities. The February 22, 2023, judgment was deemed final, and Jenkins's failure to appeal it timely resulted in the dismissal of his current appeal. View "Jenkins v. City of Birmingham" on Justia Law

Seven plaintiffs, all members of the Air Force, challenged the Air Force’s COVID-19 vaccine mandate, arguing it violated their religious beliefs. They sought religious exemptions, which were denied, leading to administrative discharge proceedings. One plaintiff, Byron O. Starks, Jr., was separated from service, allegedly for a preexisting medical condition, though he claimed it was due to his refusal to get vaccinated.The United States District Court for the Western District of Louisiana dismissed the case as moot after the Air Force rescinded the vaccine mandate. The court also dismissed Starks’s claims for lack of standing, citing his separation from service and failure to exhaust administrative remedies.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court found that the rescission of the mandate did not address all alleged harms, particularly the claim that the Air Force’s religious exemption process was a sham. The court held that Starks had standing because his separation caused ongoing harm, such as ineligibility for certain veteran benefits. The court also clarified that RFRA claims are not subject to the Mindes exhaustion requirement, allowing Starks to proceed without exhausting intraservice remedies.The Fifth Circuit determined that the claims of the six still-serving plaintiffs were not moot, as they alleged ongoing harm from the Air Force’s religious exemption process. The court reversed the district court’s dismissal and remanded the case for further proceedings, allowing the plaintiffs to continue their challenge against the Air Force’s broader vaccination policies and religious accommodations process. View "Crocker v. Austin" on Justia Law

A retired Navy chaplain, Allen Lancaster, sued several Navy officials in their official capacities, alleging discrimination in the Navy’s promotion practices. Lancaster claimed he was not promoted due to retaliation based on personal hostility and denominational prejudice. He sought declaratory and injunctive relief, including orders to remedy the harm to his career and to hold new promotion boards. Lancaster also challenged the six-year statute of limitations for civil actions against the United States and the constitutionality of a statutory privilege for selection board proceedings.The United States District Court for the Eastern District of Virginia dismissed Lancaster’s amended complaint with prejudice on res judicata grounds, referring to several prior decisions in the longstanding dispute over the Navy’s promotion procedures for chaplains. After Lancaster’s death, his widow, Darlene Lancaster, sought to reopen the case, substitute herself as the plaintiff, and amend the dismissed complaint. The district court denied these requests, leading to the current appeal.The United States Court of Appeals for the Fourth Circuit reviewed the case and determined that Lancaster’s death mooted his claims for prospective relief, as he could no longer benefit from the requested declarations and orders. The court also found that any potential claims for retrospective relief were barred by sovereign immunity, as the Lancasters failed to demonstrate an unequivocal waiver of this immunity. Consequently, the district court lacked subject matter jurisdiction to dismiss the case on res judicata grounds or to rule on the widow’s post-dismissal motion. The Fourth Circuit vacated the district court’s judgment and remanded the case with instructions to dismiss it without prejudice for lack of subject matter jurisdiction. View "Lancaster v. Secretary of the Navy" on Justia Law

After serving in the United States Navy, Plaintiff became eligible to receive education benefits under the G.I. Bill, which he used to pursue a bachelor’s degree. Plaintiff also sought tuition assistance from his employer, Omaha Public Power District (OPPD), under the company’s Employee Education Program, but OPPD denied Plaintiff’s request because his G.I. Bill benefits fully covered his tuition expenses. Plaintiff sued, claiming that OPPD’s denial of company-provided tuition assistance based on his receipt of G.I. Bill benefits amounted to unlawful discrimination under the Uniformed Services Employment and Reemployment Rights Act (USERRA). The district court granted summary judgment in OPPD’s favor, and Plaintiff appealed.   The Eighth Circuit affirmed. The court explained that Plaintiff y has “failed to present sufficient evidence to make” the requisite “threshold showing” that his status as a military veteran was “a motivating factor” in OPPD’s decision to deny him EEP benefits. His discrimination claim under USERRA thus fails, and the district court properly granted summary judgment in OPPD’s favor. View "Andrew Kelly v. Omaha Public Power District" on Justia Law

Plaintiff, an Air Force veteran, appeals from a decision of the Physical Disability Board of Review (“Board”) declining to increase his disability rating, which would entitle him to greater benefits. The district court rejected Plaintiff’s arguments that the Board was required to conduct a physical examination before making its decision and that its decision was arbitrary and capricious.   The Fourth Circuit affirmed. The court wrote that by arguing that he could not be taken off the List or have his temporary 50% rating lowered until the Air Force conducted a physical examination—an examination that necessarily could not occur until years after his retroactive placement on the List—Plaintiff pushes for an interpretation that would effectively grant a retroactive 50% rating for years to all individuals whose disabilities are reviewed by the Board and fall under Section 4.129. But that defies the purpose of the Board: to ensure accurate disability determinations at the time of a member’s discharge, “based on the records of the armed force concerned and such other evidence as may be presented to the” Board. The court, therefore, rejected Plaintiff’s argument that the Board was required to order a new physical examination before making its determination. Ultimately, the court concluded that its decision was supported by substantial evidence, with a “rational connection between the facts found and the choice made.” View "Blair Coleman v. Frank Kendall" on Justia Law

Secretary of Defense Lloyd Austin ordered all members of the Armed Forces to be vaccinated against COVID-19. Secretary of the Navy Carlos Del Toro followed suit soon after, mandating vaccination for all Navy servicemembers. Plaintiffs are thirty-five members of Naval Special Warfare Command units. Each sought an exemption due to a sincere religious objection to the Navy’s authorized vaccines. Plaintiffs sued Secretary Austin, Secretary Del Toro, and the Department of Defense (collectively, “the Navy”), alleging that the mandate violated the First Amendment and RFRA. They also sought a preliminary injunction to block enforcement of the policies described above. Specifically, they asked the court to enjoin “any adverse action” based on their vaccination status, such as job loss, ineligibility to deploy, and restrictions on promotion and training opportunities. The district court granted a preliminary injunction. The district court twice enjoined the Navy’s policies as likely illegal under RFRA. After the entry of those injunctions, however, Congress ordered the military branches to rescind their mandates. The Navy complied with that directive and then rescinded all the challenged policies and formally announced that COVID-19 vaccines would not be imposed on any servicemember.   The Fifth Circuit dismissed the appeal and remanded. The court explained that the interlocutory appeal is moot because the Navy’s vaccine policies challenged here have been rescinded and because no exception to mootness applies. That does not end the litigation, however, and Plaintiffs’ case remains before the district court, which will decide in the first instance whether any of Plaintiffs’ claims are justiciable. View "U.S. Navy SEALs 1-26 v. Joseph Biden, Jr." on Justia Law

The United States Air Force required all service members to be vaccinated against COVID-19, subject to certain exemptions. In this case, thirty-six members of the Air Force, Air Force Reserve, or Air National Guard sued the Secretary of Defense and others, alleging that the government’s denial of their requests for religious exemptions violated the Religious Freedom Restoration Act and the Free Exercise Clause of the First Amendment. The Airmen sought a nationwide preliminary injunction prohibiting the Air Force from taking steps to discharge any of the Airmen and from denying travel, training, or other career opportunities to them. The district court denied the motion and later dismissed much of the case, although one aspect of the complaint remains pending in the district court. The Airmen appealed the order denying the request for preliminary injunctive relief.
The Eighth Circuit, in light of intervening developments that have granted the Airmen all of the relief requested, dismissed the appeal. The court explained that none of the Airmen is subject to a COVID-19 vaccination requirement, and no adverse action may be taken against the Airmen for refusing to receive the COVID-19 vaccine. A statutory change that discontinues a challenged practice usually makes an appeal moot. View "Tanner Roth v. Lloyd Austin, III" on Justia Law

Appellants, three Sikh men, intended to join the Marines. However, existing Marines pre-enlistment requirements pertaining to hair length, beards, and a prohibition on wearing certain non-uniform items, conflicted with their faith. The Marines allowed an accommodation, but only after the men completed basic training.Appellants sought a preliminary injunction, and the district court refused. After considering the competing interests in the case, the D.C. Circuit reversed the decision as it related to two men, finding that they showed a likelihood for success on the merits and proved irreparable harm. The court remanded the third man's case for further proceedings. View "Jaskirat Singh v. David Berger" on Justia Law

The Air Force ordered over 500,000 service members to get COVID-19 vaccinations. About 10,000 members requested religious exemptions; about 135 of these requests were granted, only to those planning to leave the service. It has granted thousands of exemptions for medical or administrative reasons. The Plaintiffs allege that the vaccine mandate substantially burdens their religious exercise in violation of the First Amendment and the Religious Freedom Restoration Act (RFRA). The district court granted a preliminary injunction that barred the Air Force from disciplining the Plaintiffs for failing to take a vaccine, then certified a class of thousands of similar service members and extended this injunction to the class.The Sixth Circuit affirmed. In opposing class-action certification, the Air Force argued that RFRA adopts an individual-by-individual approach: it must show that it has a compelling interest in requiring a “specific” individual to get vaccinated based on that person’s specific duties. In challenging the injunction, however, the Air Force failed to identify the specific duties or working conditions of any Plaintiff, citing the “general interests” underlying the mandate. The court reasoned that it could uphold the injunction based on RFRA alone but also noted common questions for the class: Does the Air Force have a uniform policy of relying on its generalized interests in the vaccine mandate to deny religious exemptions regardless of individual circumstances? Does it have a discriminatory policy of broadly denying religious exemptions but broadly granting secular ones? View "Doster v. Kendall" on Justia Law