RICHENBERG v. PERRY

No. 95-4181.

73 F.3d 172 (1995)

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

United States Court of Appeals, Eighth Circuit.

Decided December 26, 1995.


Attorney(s) appearing for the Case

Charles O. Lentz, Deborah J. Palmer, Thomas C. Kayser, Randall Matthew Tietjen, Robins & Kaplan, Minneapolis, MN, for plaintiff-appellant.

Paul D. Boeshart, Asst. U.S. Attorney, Lincoln, NE, Anthony J. Steinmeyer, Kevin M. Simpson, U.S. Department of Justice Civil Division, Washington, DC, Steven J. Pecinovsky, U.S. Air Force, General Litigation Division, Arlington, VA, for defendants-appellees.

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


PER CURIAM.

Air Force Captain Richard F. Richenberg, Jr., commenced this action to enjoin the Air Force from discharging him, after a full administrative hearing, because he has a propensity or intent to engage in homosexual conduct. Richenberg contends that the military's "Don't Ask, Don't Tell" policy regarding homosexuals, which is explicitly authorized by a 1993 statute, 10 U.S.C. § 654, violates his constitutional rights. The district court

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