Justia Military Law Opinion Summaries

Plaintiff, an attorney, filed suit against the Judge Advocate General (JAG) of the Navy and others, alleging violation of his constitutional rights in an administrative decision which suspended him from practice before naval courts. The disciplinary proceedings stemmed from plaintiff's filing of an appellate brief containing statements he knew were false and misleading. The court concluded that the district court did not err in holding that the Navy JAG had authority to discipline plaintiff; plaintiff received ample due process and his Fifth Amendment rights were not violated during the proceedings against him; and the record did not support plaintiff's Administrative Procedure Act (APA), 5 U.S.C. 551, 701, and 706, claim. Accordingly, the court affirmed the district court's dismissal of plaintiff's claims and denied his request for mandamus review. View "Partington v. Houck, et al." on Justia Law

Kebodeaux was convicted by special court-martial of a federal sex offense. After serving his sentence and receiving a bad-conduct discharge from the Air Force, he moved to Texas where he registered with state authorities as a sex offender. Congress later enacted the Sex Offender Registration and Notification Act (SORNA), which requires federal sex offenders to register in the states where they live, study, and work, 42 U.S.C. 16913(a). SORNA applies to offenders who, when SORNA became law, had completed their sentences. When Kebodeaux moved within Texas and failed to update his registration, the federal government prosecuted him and the district court convicted him under SORNA. The Fifth Circuit reversed. The Supreme Court reversed, holding that SORNA’s registration requirements, as applied to Kebodeaux, fall within the scope of congressional authority under the Necessary and Proper Clause. Congress did not apply SORNA to an individual who was, before its enactment, “unconditionally released,” but to an individual already subject to federal registration requirements. SORNA somewhat modified registration requirements to which Kebodeaux was already subject, to make more uniform "a patchwork of federal and 50 individual state registration requirements." At the time of his offense and conviction, Kebodeaux was subject to the Wetterling Act, which imposed similar registration requirements and was promulgated under the Military Regulation Clause (Art. I, s. 8, cl. 14), and the Necessary and Proper Clause. The same power that authorized Congress to promulgate the Uniform Code of Military Justice and punish Kebodeaux’s crime also authorized Congress to make the civil registration requirement at issue a consequence of conviction. Imposing a civil registration requirement that would apply upon the release of an offender like Kebodeaux is “eminently reasonable,” as is assignment of a special role to the federal government in ensuring compliance with federal sex offender registration requirements. View "United States v. Kebodeaux" on Justia Law

Kebodeaux was convicted by special court-martial of a federal sex offense. After serving his sentence and receiving a bad-conduct discharge from the Air Force, he moved to Texas where he registered with state authorities as a sex offender. Congress later enacted the Sex Offender Registration and Notification Act (SORNA), which requires federal sex offenders to register in the states where they live, study, and work, 42 U.S.C. 16913(a). SORNA applies to offenders who, when SORNA became law, had completed their sentences. When Kebodeaux moved within Texas and failed to update his registration, the federal government prosecuted him and the district court convicted him under SORNA. The Fifth Circuit reversed. The Supreme Court reversed, holding that SORNA’s registration requirements, as applied to Kebodeaux, fall within the scope of congressional authority under the Necessary and Proper Clause. Congress did not apply SORNA to an individual who was, before its enactment, “unconditionally released,” but to an individual already subject to federal registration requirements. SORNA somewhat modified registration requirements to which Kebodeaux was already subject, to make more uniform "a patchwork of federal and 50 individual state registration requirements." At the time of his offense and conviction, Kebodeaux was subject to the Wetterling Act, which imposed similar registration requirements and was promulgated under the Military Regulation Clause (Art. I, s. 8, cl. 14), and the Necessary and Proper Clause. The same power that authorized Congress to promulgate the Uniform Code of Military Justice and punish Kebodeaux’s crime also authorized Congress to make the civil registration requirement at issue a consequence of conviction. Imposing a civil registration requirement that would apply upon the release of an offender like Kebodeaux is “eminently reasonable,” as is assignment of a special role to the federal government in ensuring compliance with federal sex offender registration requirements. View "United States v. Kebodeaux" on Justia Law

Plaintiffs, Filipino World War II veterans and their widows, contended that their Fifth Amendment rights to due process and equal protection were violated by a statute establishing the Filipino Veterans Equity Compensation Fund (FVEC) and by the VA's administration of it, resulting in their lack of payment. The district court dismissed the claims with prejudice on the pleadings for lack of subject matter jurisdiction and for failure to state a claim. The court held that the Veterans' Judicial Review Act, Pub. L. No. 100-687, div. A, 102 Stat. 4105, barred review of plaintiffs' due-process claim and the district court's dismissal of the claim was appropriate. Because plaintiffs' complaint did not challenge a new classification established by the American Recovery and Reinvestment Act, Pub. L. No. 111-5, 1002(i), 123 Stat. at 202, and did not allege any plausible facts suggesting that the classification in 38 U.S.C. 107 was created for a discriminatory purpose, the court held that the district court did not err when it dismissed the equal-protection claim under Rule 12(b)(6). View "Recinto, et al v. The U.S. Dept. of Veterans Affairs, et al" on Justia Law

Military chaplains, all non-liturgical Protestants, alleged that the Navy systematically discriminated against members of their religious denominations in the awarding of promotions. The district court denied plaintiffs' motion for a preliminary injunction, concluding that they lacked Article III standing and, alternatively, were unlikely to succeed on the merits. The court concluded that at least those plaintiffs whose promotions would likely be considered by future selection boards operating under the challenged policies have standing to pursue claims for injunctive relief. The court also concluded that the district court's resolution of plaintiffs' denominational preference theory was not based on factual findings that the court could review for clear error. Accordingly, the court reversed the district court's determination that plaintiffs lacked standing to seek injunctive relief. The court also vacated the district court's denial of a preliminary injunction and remanded for further proceedings. View "Chaplaincy of Full Gospel Church, et al v. United States Navy, et al" on Justia Law

Plaintiff was a dual-status air reserve technician (ART) in the 301st maintenance group (301st MG). ARTs are full-time civilian employees who are also required to serve in the Air Force Reserve in the units for which they work as civilians. Plaintiff was the chief of training management of the 301st MG in his civilian capacity and a technical sergeant and chief of training of the 301st MG in his military capacity. Plaintiff alleged that he was subjected to a racially hostile work environment at the 301st MG, which caused him to leave his civilian job with the unit and lose his reserve position. The district court granted summary judgment to the Secretary of the Air Force. The Fifth Circuit vacated the grant of summary judgment, holding that the district court lacked jurisdiction over all allegations with the exception of one incident for Defendant's failure to exhaust his Title VII administrative remedies and over the remaining claim by virtue of the Feres doctrine. Remanded with instructions to dismiss. View "Filer v. Donley" on Justia Law

After the September 11, 2011 attacks, the government detained plaintiff, an American citizen, as an enemy combatant. Plaintiff alleged that he was held incommunicado in military detention, subjected to coercive interrogation techniques and detained under harsh conditions of confinement, all in violation of his constitutional and statutory rights. Plaintiff and his mother sued John Yoo, the Deputy Assistant Attorney General in the U.S. Department of Justice's Office of Legal Counsel (OLC) from 2001 to 2003, alleging that they suffered from plaintiff's unlawful detention. The court held that, under recent Supreme Court law, Ashcroft v. al-Kidd, the court was compelled to conclude that, regardless of the legality of plaintiff's detention and the wisdom of Yoo's judgments, at the time he acted the law was not "sufficiently clear that every reasonable official would have understood that what he [wa]s doing violated[d]" plaintiff's rights. Therefore, the court held that Yoo must be granted qualified immunity and accordingly reversed the decision of the district court. View "Padilla, et al. v. Yoo" on Justia Law

Plaintiff-Appellee/Cross-Appellant Robert Newton alleged Major John R. Teter and Lieutenant Colonel Wayne E. Lee of the Utah Air National Guard violated his due process rights when they suspended and subsequently withdrew his Air Traffic Control Specialist (ATCS) certificate, and when they suspended his employment as an Air Traffic Control Supervisor at Hill Air Force Base in Utah. The district court granted summary judgment to defendants on Plaintiff's due process claim regarding the suspension of his employment. It denied summary judgment on Plaintiff's due process claim regarding the withdrawal of his ATCS certificate, holding this claim was not barred by qualified immunity or by intramilitary immunity under the "Feres" doctrine. In this interlocutory appeal, Defendants challenged the denial of qualified immunity and intramilitary immunity on Plaintiff's ATCS certificate claim. Plaintiff cross-appealed the grant of summary judgment on his employment claim. Upon review, the Tenth Circuit held that Plaintiff's ATCS certificate was not barred by the "Feres" doctrine, and that the Court had no jurisdiction over the interlocutory appeal from the denial of qualified immunity to defendants. The Court declined to exercise pendent jurisdiction over Plaintiff's cross-appeal. View "Newton v. Lee, et al" on Justia Law

Plaintiff brought this suit in 2004, challenging the constitutionality of the "Don't Ask, Don't Tell" policy, 10 U.S.C. 654(b). While an appeal was pending in this case, Congress enacted the Don't Ask, Don't Tell Repeal Act of 2010, Pub. L. No. 111-321, 124 Stat. 3515. Consequently, the court held that this case became moot when the repeal of section 654 took effect on September 20, 2010. Therefore, the court vacated and remanded with directions to dismiss. View "Log Cabin Republicans v. United States, et al." on Justia Law

Defendant pleaded guilty for violating 18 U.S.C. 704(a), which prohibited the unauthorized wearing of military medals, where defendant fraudulently obtained a Purple Heart and wore it in public. On appeal, defendant challenged the constitutionality of the statute. The court held that defendant's overbreadth challenge failed because a person violated the unauthorized wearing portion of section 704(a) only if he or she had an intent to deceive. The court rejected defendant's argument that United States v. Alvarez dictated that section 704(a) was unconstitutional. The court held that, under United States v. O'Brien, the government had a compelling interest in preventing the intentionally deceptive wearing of medals; those interests were unrelated to the suppression of free expression because section 704(a) did not prevent the expression of any particular message or viewpoint; and section 704(a) promoted the goals of maintaining the integrity of the military's medals and preventing the fraudulent wearing of military medals. Therefore, the court rejected defendant's facial First Amendment challenge. View "United States v. Perelman" on Justia Law