Justia Military Law Opinion Summaries

Seven members of the South Dakota Air National Guard, who also work as federal civilian employees of the Department of the Air Force, alleged that the South Dakota Adjutant General wrongfully denied them military leave while they were serving on active duty, in violation of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). The plaintiffs claimed they were entitled to 15 days of paid military leave each year in their civilian roles, which they were denied while on active duty.The Circuit Court of the Second Judicial Circuit, Minnehaha County, South Dakota, dismissed the USERRA claims sua sponte after a court trial, concluding that the plaintiffs must demonstrate the existence of an antimilitary animus to prevail. The court did not reach the merits of the parties’ arguments and found that the plaintiffs had failed to plead or prove such animus. The plaintiffs appealed the decision.The Supreme Court of the State of South Dakota reviewed the case and concluded that the plaintiffs are entitled to military leave. The court held that the plaintiffs did not need to show antimilitary animus because the benefit in question, military leave, is only available to members of the military. The court found that the plaintiffs' active duty under Title 10 orders was not "active Guard and Reserve duty" as defined by 10 U.S.C. § 101(d)(6), and therefore, the exception in 32 U.S.C. § 709(g)(2) did not apply. Consequently, the plaintiffs were entitled to accrue military leave under 5 U.S.C. § 6323(a)(1) while serving on active duty under Title 10. The court reversed the circuit court’s decision and remanded the case for further proceedings. View "Christiansen v. Morrell" on Justia Law