SMITH v. UNITED STATES

No. 81-1983-Civ EPS.

599 F.Supp. 606 (1984)

Walter SMITH and Virginia Smith, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, S.D. Florida, Miami Division.

November 14, 1984.


Attorney(s) appearing for the Case

Robert F. Eimers, Miami, Fla., for plaintiff.

Pamela Hornett, Asst. U.S. Atty., Miami, Fla., for defendant.


MEMORANDUM OPINION AND ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

SPELLMAN, District Judge.

This is a civil action brought against the United States of America. The plaintiffs allege that the Department of Navy refused to perform a vasectomy upon plaintiff, Walter Smith, an enlisted active duty member of the Navy, which refusal violated plaintiffs' constitutional right to privacy under the ninth amendment, and violated plaintiffs' right to free...

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