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HENSALA v. DEPARTMENT OF AIR FORCE

No. 01-16791.

343 F.3d 951 (2003)

John D. HENSALA, Plaintiff-Appellant, v. DEPARTMENT OF THE AIR FORCE, F. Whitten Peters, Secretary of the Air Force, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Submitted and Filed September 12, 2003.

Filed September 12, 2003.

Attorney(s) appearing for the Case

Richard DeNatale, Clyde J. Wadsworth, Christopher F. Stoll, Edward E. Schiffer, Jo Ann Hoenniger, Heller Ehrman White & McAuliffe, LLP, San Francisco, California; Stephen L. Collier, San Francisco, California, Clyde J. Wadworth, Steefel, Levitt & Weiss, San Francisco, California for the appellant.

Anthony J. Steinmeyer and E. Roy Hawkens, United States Department of Justice, Appellate Civil Division, Washington, D.C., and Cpt. Andrew LeBlanc, United States Air Force, Washington, D.C., for the appellees.

Before: A. WALLACE TASHIMA, Sidney R. THOMAS, and RICHARD A. PAEZ, Circuit Judges.

Submitted and Filed September 12, 2003 — San Francisco, California.

Opinion by Judge THOMAS; Opinion concurring in part and dissenting in part by Judge TASHIMA.

OPINION

THOMAS, Circuit Judge.

In this appeal we consider, inter alia, whether the district court properly granted summary judgment on John D. Hensala's claims that the United States Air Force's educational recoupment policy violated his constitutional rights. We conclude...

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