Justia Military Law Opinion Summaries

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

Following nomination by the President and confirmation by the Senate, Brigadier General Schwalier was scheduled to be appointed to major general in 1997. His appointment was delayed and the President later chose not to appoint him, 10 U.S.C. 624(c). Schwalier argued that he was appointed by operation of law after the delay of his appointment expired and before the President’s decision. The Federal Circuit affirmed the district court finding that the appointment process for senior military officers does not allow for automatic appointments, and a President’s decision not to appoint an officer is unreviewable. The Air Force and the Department of Defense did not act arbitrarily or capriciously by not retroactively appointing Schwalier. View "Schwalier v. Hagel" on Justia Law

Plaintiffs, current and former members of the Navy and Marine Corps, filed suit against senior officials in the military and the Department of Defense, alleging that they were raped, sexually assaulted, or sexually harassed by their fellow Sailors and Marines, only to suffer retaliation from their superiors for reporting their plight. The Supreme Court has held that military officials are not subject to personal liability under the Constitution for their management decisions, including the choices they make about the discipline, supervision, and control of servicemembers. The court joined the Fourth Circuit in concluding that no Bivens remedy is available in this instance. Accordingly, the court affirmed the district court's dismissal of the suit. View "Klay, et al. v. Panetta, et al." on Justia Law

Plaintiffs, foreign nationals, alleged that they were tortured and otherwise mistreated by American civilian and military personnel while detained at Abu Ghraib. CACI, a corporation domiciled in the United States, contracted with the United States to provide private interrogators to interrogate detainees at Abu Ghraib. Plaintiffs alleged that CACI employees instigated, directed, participated in, encouraged, and aided and abetted conduct towards detainees that clearly violated federal and international law. The court concluded that the Supreme Court's decision in Kiobel v. Royal Dutch Petroleum Co. does not foreclose plaintiffs' claims under the Alien Tort Statute, 28 U.S.C. 1350, and that the district court erred in reaching a contrary conclusion. In light of Kiobel, the court held that plaintiffs' claims "touch and concern" the territory of the United States with sufficient force to displace the presumption against extraterritorial application of the Alien Tort Statute. Because the court was unable to determine whether the claims presented nonjusticiable political questions, the court did not reach the additional issue of the district court's dismissal of plaintiffs' common law claims. The court vacated the district court's judgment with respect to all plaintiffs' claims and remanded. View "Al Shimari v. CACI Premier Technology, Inc." on Justia Law

Appellant, a Marine Corps. veteran who was honorably discharged, sought review of the BCNR's denial of an increase in appellant's disability rating. The court affirmed the district court's dismissal where the only claim ever properly placed at issue before the district court was rendered moot by a stipulated remand to the BCNR. The court did not reach the other issues briefed on appeal. View "Schmidt v. United States" on Justia Law

This case stemmed from an employment discrimination suit filed by appellant against the Navy. The Navy subsequently offered a stipulation of Settlement (the "Agreement"). After concluding that specific performance of the Agreement was no longer practicable, appellant sought nearly a million dollars in damages and attorney's fees. The court held that a settlement agreement embodied in a consent decree was a contract under the Tucker Act, 28 U.S.C. 1346(a)(2), and transferred the case to the Court of Federal Claims. Accordingly, the court vacated the district court's order dismissing the motion to enforce and remanded with instructions to transfer to the Court of Federal Claims. View "Franklin-Mason v. Mabus, Jr." on Justia Law

This appeal arose from an action filed against Defendant-Respondent Mallory Martinez, a National Guard member, by Plaintiff-Appellant William Teurlings. Plaintiff alleged he suffered personal injury and economic damage resulting from a vehicle collision caused by defendant's negligence. Defendant moved for summary judgment asserting immunity under I.C. 6-904(4), which provides immunity to National Guard members for claims arising out of certain federal training or duty. The district court granted the motion after concluding defendant fell within the scope of the statutory immunity. Teurlings appealed, arguing that defendant was not immune because she was not "engaged in training or duty" and she was not acting within the course of her employment at the time of the collision. Finding that the district court erred in granting defendant immunity, the Supreme Court vacated the judgment in her favor and remanded the case for further proceedings. View "Teurlings v. Larson" on Justia Law

Plaintiff filed suit challenging the refusal of the Board of Correction of Naval Records to amend certain of her fitness reports. The court concluded that the decision of the Board was neither arbitrary nor capricious nor unsupported by substantial evidence, in contravention of the Administrative Procedures Act (APA), 5 U.S.C. 706(2)(A); even if the court were to assume that plaintiff asked for and was denied counseling, such deprivation would not violate her due process rights; because plaintiff failed to demonstrate discriminatory intent, her equal protection claim also failed. Accordingly, the court held that the Board's denial of plaintiff's petition to correct her military records was neither arbitrary nor capricious and that her constitutional challenges were without merit. The court affirmed the judgment of the district court. View "Roberts v. United States, et al." on Justia Law

Appellant was detained at Guantanamo Bay for seven years as an enemy combatant. After the Supreme Court decided that Guantanamo detainees have a constitutional right to challenge the basis of their detentions in Boumediene v. Bush, the district court granted appellant's petition for a writ of habeas corpus. The United States released appellant and he filed a complaint a year later, seeking to recover injuries sustained during his detention. At issue was whether the district court has jurisdiction over appellant's claims. The court held that 28 U.S.C. 2241(e)(2) barred claims brought on behalf of aliens determined by Combatant Status Review Tribunals (CSRTs) to have been properly detained. The court also concluded that the application of section 2241(e)(2) to appellant was constitutional. Accordingly, the court affirmed the dismissal of appellant's claims because Congress has denied the district court jurisdiction to entertain his claims under section 2241(e)(2). View "Janko v. Gates, et al." on Justia Law