RICHENBERG v. PERRY

No. 95-4181.

97 F.3d 256 (1996)

Richard F. RICHENBERG, Jr., Plaintiff-Appellant, v. William J. PERRY, Secretary of Defense; Sheila Widnall, Secretary of the Air Force, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Decided October 3, 1996.


Attorney(s) appearing for the Case

Thomas C. Kayser, Minneapolis, MN, argued (Randall Tietjen, on the brief), for plaintiff-appellant.

Anthony J. Steinmeyer, Department of Justice, Washington, DC, argued (Edward Himmelfarb, Department of Justice, Washington, DC, and Lt. Col. Steven J. Pecinovsky, Air Force Legal Services, Arlington, VA, on the brief), for defendants-appellees.

Before RICHARD S. ARNOLD, Chief Judge, MAGILL, and LOKEN, Circuit Judges.


LOKEN, Circuit Judge.

Richard F. Richenberg, Jr., appeals the district court's1 grant of summary judgment upholding an Air Force decision to honorably discharge him under the military's "Don't Ask, Don't Tell" policy regarding homosexuals. The policy was adopted to implement a 1993 statute, 10 U.S.C. § 654. Richenberg claims that the policy violates his due process and free speech rights and is an unconstitutional Bill of Attainder...

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