WETHERILL v. GEREN

No. 09-3334.

616 F.3d 789 (2010)

Nancy J. WETHERILL, Plaintiff-Appellant, v. Pete R. GEREN, Secretary of the Army; The Army National Guard; Steven R. Doohen, Brigadier General, in his official capacity as Adjutant General of the South Dakota National Guard; Theodore Johnson, Brigadier General, in his official capacity; and The South Dakota Army National Guard, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: August 11, 2010.


Attorney(s) appearing for the Case

Sarah E. Baron Houy , argued, Rapid City, SD, for appellant.

Robert Bruce Anderson , argued, Pierre, SD, for Appellees Doohen, Johnson, and The SD Army National Guard.

Daneta Wollmann, AUSA , argued, Rapid City, SD, for Appellees Geren and The Army National Guard.

Before WOLLMAN, EBEL and COLLOTON, Circuit Judges.


EBEL, Circuit Judge.

This case requires us to determine whether the Feres doctrine, which generally bars judicial review of military decision-making, precludes us from hearing a Title VII suit brought by a "dual-status" National Guard technician, whose position was both military and civilian in nature. While Colonel Nancy Wetherill was initially granted a waiver of mandatory retirement from her military position, that waiver was later revoked. As a result,...

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