PRUITT v. CHENEY

No. 87-5914.

943 F.2d 989 (1991)

Dusty PRUITT, Captain, U.S.A.R., Plaintiff-Appellant, v. Richard CHENEY, Secretary of Defense; Michael P.W. Stone, Secretary of the Army; Ronald W. Zeltman, Brigadier General, Commanding Officer U.S. Army Reserve Components Personnel and Administration Center, St. Louis, Missouri, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Argued August 5, 1988.

Decided August 19, 1991.


Attorney(s) appearing for the Case

Mary Newcombe, Christopher G. Caldwell, Hedges and Caldwell, Jon Davidson, Paul Hoffman, Susan McGreivy, ACLU Foundation of Southern California, Los Angeles, Cal., for plaintiff-appellant.

E. Roy Hawkens, U.S. Dept. of Justice, Washington, D.C., for defendants-appellees.

Paula Ettelbrick, Mickey Wheatley, Lambda Legal Defense and Educ. Fund, New York City, Charles T. Bumer, Nat. Lawyers Guild, San Diego, Cal., for amici curiae.

Before FLETCHER, CANBY and O'SCANNLAIN, Circuit Judges.


CANBY, Circuit Judge:

Appellant, Reverend Dusty Pruitt, appeals from the district court's dismissal, pursuant to Fed.R.Civ.P. 12(b)(6), of her first and fifth amendment challenges to Army regulations requiring her discharge from the U.S. Army Reserve (USAR) because of her acknowledged homosexuality. We affirm in part and reverse in part.

BACKGROUND

The facts of this case are not in dispute. Reverend Pruitt served in the U.S. Army between January...

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