Justia Military Law Opinion Summaries

Harkness was commissioned as a Navy Chaplain Corps officer in 1987, endorsed by a non-liturgical Christian church. Harkness left active duty in 1995 and took reserve status. In 2000, Harkness and other non-liturgical chaplains sued the Navy, alleging systemic denominational prejudice in its promotion procedures. That suit is still pending. In 2007, Harkness was denied promotion by a reserve officer promotion board. Harkness requested a special selection board (SSB). The petition was denied. Harkness filed suit in 2010, challenging (10 U.S.C. 14502(h)(1)) the SSB denial and the promotion procedures. The Sixth Circuit affirmed dismissal of the constitutional claim for failure to exhaust administrative remedies. In 2012, the Secretary convened an SSB to reconsider the 2007 decision. It did not select Harkness for promotion; Harkness unsuccessfully requested a second SSB. In 2013, Harkness was again denied promotion and unsuccessfully requested an SSB, alleging that procedures employed by promotion boards produced denominational preferences and challenging the delegation of governmental authority to chaplains serving on promotion boards without effective guarantees that the power would be exercised in a neutral, secular manner. In filing suit, Harkness added a First Amendment retaliation claim. The Sixth Circuit affirmed dismissal of all claims. the 2013 promotion board was not constitutionally infirm; the denial of Harkness’s 2013 SSB request was not arbitrary, capricious, or otherwise contrary to law under section 14502(h)(1). View "Harkness v. Secretary of Navy" on Justia Law

This appeal and cross-appeal relate to the district court's orders releasing video recordings made at Guantanamo Bay, depicting military personnel removing a detainee, Abu Wa'el (Jihad) Dhiab, from his cell, transporting him to a medical unit, and force-feeding him to keep him alive while he was on a hunger strike. The government classified these recordings as "SECRET" because disclosing them could damage the national security, but the district court determined that the public had a constitutional right to view the recordings because the detainee's attorney filed some of them under seal, at which point the recordings became part of the court's record. The government appealed, arguing that the public has no such constitutional right. The Intervenors cross-appealed, arguing that several categories of redactions the court approved prior to public release were too extensive. The court concluded that Press-Enterprise Co. v. Superior Court did not apply to this case and neither the intervenors nor the public at large have a right under the First Amendment to receive properly classified national security information filed in court during the pendency of Dhiab's petition for a writ of habeas corpus. The court further explained that, even if the intervenors had a qualified First Amendment right of access to the Dhiab recordings, the court would still reverse the district court's decision, because the government identified multiple ways in which unsealing these recordings would likely impair national security. Because the recordings will remain sealed, the intervenors' cross-appeal about the extent of the redactions was dismissed as moot View "Dhiab v. Trump" on Justia Law

KPCC filed suit against KBR, a general contractor supporting the Government's military operations in Iraq, alleging claims for breach of contract, fraud, and promissory estoppel. At issue was a 2010 contract for, inter alia, KBR's leasing, with an option to purchase, a dining facility constructed by KPCC in Iraq. The district court dismissed the complaint, concluding that the political-question doctrine rendered nonjusticiable the contract dispute at issue. Applying de novo review, under the discriminating inquiry required by Baker v. Carr, the court concluded that the claims presented required resolution of contractual disputes for which there existed judicially manageable standards. Therefore, there was no justiciable political question. The court disposed of KBR's remaining claims regarding the act-of-state doctrine and regarding a contractor's defense from its strict execution of a constitutionally authorized government order. Accordingly, the court vacated the district court's judgment and remanded. View "Kuwait Pearls Catering Co. WLL v. Kellogg Brown & Root Services, Inc." on Justia Law

In 2012, one in five female veterans and one in 100 male veterans reported that they experienced sexual abuse in the military, and an estimated 26,000 service members “experienced some form of unwanted sexual contact.” The trauma stemming from sexual abuse in the military (military sexual trauma (MST)) can result in severe chronic medical conditions, including Post-Traumatic Stress Disorder, depression, and anxiety. Generally, veterans with service-connected disabilities are entitled to disability benefits, 38 U.S.C. 1110, 1131. In response to what they viewed as the VA’s inadequate response to MST-based disability claims, veterans’ groups submitted a petition for rulemaking which requested that the VA promulgate a new regulation regarding the adjudication of certain MST-based disability claims. The Secretary of Veterans Affairs denied the petition. The Federal Circuit upheld the denial, noting its limited and deferential review and stating that the Secretary adequately explained its reasons for denying the petition. The court rejected a claim that in denying the petition, the Secretary violated the equal protection clause by intentionally discriminating against women without providing an exceedingly persuasive justification or discriminating against survivors of MST-based PTSD without providing a legitimate reason. View "Serv. Women's Action Network v. Sec'y of Veterans Affairs" on Justia Law

Plaintiff filed suit under 42 U.S.C. 1983 against two former members of the North Carolina Army National Guard, Adjutant General William E. Ingram, and Lieutenant Colonel Peter von Jess, alleging that defendants violated his Fourth Amendment rights. Plaintiff claimed that defendants, motivated by revenge, directed other service members to monitor plaintiff’s email messages, which he sent while serving on active duty in Kuwait, and to forward incriminating messages to von Jess. The district court granted summary judgment in favor of defendants based on the justiciability doctrine in Mindes v. Seaman. Mindes provided a four-factor test for reviewability of claims based on internal military affairs. The court acknowledged that defendant now renounces any claim for equitable relief and affirmed the district court's judgment on the basis of the military abstention doctrine set forth in Feres v. United States. In this case, plaintiff's alleged injuries arose out of activity incident to his service where he was on active duty, deployed in a war zone, and used a computer system set up by the DOD for military personnel deployed at Camp Doha. View "Aikens v. Ingram, Jr." on Justia Law

Petty Officer Walter Jackson filed suit claiming that the Board's denial of his request to correct his navy record violated the Administrative Procedure Act (APA), 5 U.S.C. 500 et seq.; the Due Process Clause; and equitable principles. A recommendation against re-enlistment stemmed from Jackson’s unauthorized absence from his naval base, a subsequent disciplinary infraction, and two adverse performance evaluations. The court applied a deferential standard of review and concluded that, given Jackson’s infractions in the Navy, the Board reasonably denied Jackson’s requests for record correction. The court rejected Jackson's remaining contentions and affirmed the judgment. View "Jackson, Jr. v. Mabus, Jr." on Justia Law

Petitioner, a Guantanamo Bay detainee, raised two challenges to the constitutionality of the United States Court of Military Commission Review (CMCR). The court held that petitioner is not entitled to mandamus relief because this Court can consider his Appointments Clause and Commander-in-Chief Clause challenges on direct appeal, after the military commission renders a final judgment and the convening authority and the CMCR review it. Further, petitioner failed to demonstrate a “clear and indisputable” right to the writ. Therefore, the court denied petitioner's petition for writ of mandamus and prohibition. View "In re: Abd Al-Rahim Hussein Al-Nashir" on Justia Law

Plaintiffs, eight male, "out-of-status" aliens who were arrested on immigration charges and detained following the September 11th attacks, filed a putative class action asserting various claims arising out of the discriminatory and punitive treatment they suffered while confined at the Metropolitan Detention Center (MDC) or the Passaic County Jail (Passaic). The district court granted in part and denied in part defendants' motion to dismiss. The court concluded that: (1) the MDC plaintiffs have plausibly alleged a substantive due process claim against the DOJ defendants, against Hasty with regard to both official and unofficial conditions, and against Sherman with regard to official conditions only, and these defendants are not entitled to qualified immunity on this claim; (2) the MDC plaintiffs have plausibly alleged an equal protection claim against the DOJ defendants, Hasty, and Sherman, and these defendants are not entitled to qualified immunity on this claim; (3) the free exercise claim is dismissed as to all defendants; (4) the MDC plaintiffs have plausibly alleged their Fourth Amendment strip search claim against Hasty and Sherman, and these defendants are not entitled to qualified immunity on this claim; (5) the MDC plaintiffs have plausibly alleged the Section 1985(3) conspiracy claim against the DOJ defendants, Hasty, and Sherman, and these defendants are not entitled to qualified immunity on this claim; and (6) the MDC plaintiffs have not plausibly alleged any claims against Zenk.  The court affirmed the dismissal of the claims brought by the Passaic plaintiffs. View "Turkmen v. Hasty, et al." on Justia Law

After Abu Wa’el (Jihad) Dhiab, a detainee at Guantanamo Bay, went on a hunger strike, he was forcibly extracted from his cell and force-fed. The district court examined 32 classified videotapes of Dhiab's forcible cell extractions and force-feedings in order to grant Dhiab's motion to enjoin the government from forcibly extracting him from his cell and force-feeding him. At issue is the district court's grant of media organizations' motion to unseal and release the videotapes. The court concluded that, the district court’s decision did not terminate the action, and it does not qualify as an immediately appealable collateral order. Therefore, the court lacked jurisdiction. Further, this case does not present the extraordinary circumstances required for mandamus relief. Accordingly, the court dismissed the appeal for lack of jurisdiction and denied the request for a writ of mandamus View "Dhiab v. Obama" on Justia Law

The Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA), 52 U.S.C. 20302(a)(8)(A), includes a variety of measures that states are required to adopt in order to accommodate military voters when they administer federal elections. At issue is section 20302(a)(8)(A)'s requirement that, when a qualifying military or overseas voter requests an absentee ballot for a federal election, a state must transmit a ballot to that voter forty-five days before the federal election. The United States filed suit against Alabama seeking to enjoin the State from holding federal runoff elections forty-two days after federal primary elections. When the court looked at the text of section 20302(a)(9), the court found that it directs states only to "establish a written plan" in preparation for runoff elections, and makes no claim that it abrogates the mandatory forty-five day transmission timeline. In light of the plain language of this substantive command - and Congress's clear intent to prioritize the empowerment of military voters through clear and accessible absentee voting procedures - the court concluded that section 20302(a)(9) does not alter the court's interpretation. Therefore, the court held that the State must transmit validly requested absentee ballots to eligible UOCAVA voters forty-five days before each federal election, whether that election is primary, general, special, or runoff. Accordingly, the court affirmed the district court's grant of summary judgment to the United States. View "United States v. Alabama" on Justia Law