STEFFAN v. CHENEY

No. 89-5476.

920 F.2d 74 (1990)

Joseph C. STEFFAN, Appellant v. Richard CHENEY, Secretary of Defense, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided December 7, 1990.


Attorney(s) appearing for the Case

Marc Wolinsky, New York City, with whom Calvin Steinmetz, Washington, D.C., Lambda Legal Defense & Education Fund, Inc., was on brief, for appellant.

E. Roy Hawkens, Atty., Dept. of Justice, with whom Stuart M. Gerson, Asst. Atty. Gen., Jay B. Stephens, U.S. Atty., and Anthony J. Steinmeyer, Washington, D.C., Atty., Dept. of Justice, were on brief, for appellees.

Gregory B. Craig and David F. Addlestone, Washington, D.C., Vietnam Veterans of America, were on brief, for amicus curiae, urging that the District Court's decision be reversed and the case be remanded.

Before WALD, Chief Judge, D.H. GINSBURG and RANDOLPH, Circuit Judges.


Opinion for the Court filed PER CURIAM.

PER CURIAM:

Joseph C. Steffan resigned from the United States Naval Academy in 1987, after an administrative board recommended that he be discharged. The board's recommendation was based solely upon Steffan's statements proclaiming himself a homosexual; he was not charged with any homosexual conduct. In 1988 he filed this action, claiming that he was constructively discharged and challenging the constitutionality of...

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