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CIOCA v. RUMSFELD

No. 12-1065.

720 F.3d 505 (2013)

Kori CIOCA; Mary Gallagher, Massachusetts; Rebekah Havrilla, South Carolina; Myla Haider, Washington; Sarah Albertson, Montana; Greg Jelovdou, New York; Amber De Roche, Washington; Panayiota Bertzikis, Massachusetts; Katelyn Boatman, Oklahoma; Andrew Schmidt, California; Nicole Curdt, Wyoming; Jessica Kenyon, Pennsylvania; Andrea Neutzling, Ohio; Kristen Reuss, Ohio; Jessica Nicole Hinves; Virginia, Stephanie Schroeder, Illinois; Amber Yeager, California; Amy Lockhart, Virginia; Blake Stephens, California; Claudio Castillo, Texas, Tobey Thacher, Arizona; Ina Childress, Tennessee; Elizabeth Lyman, Texas; Sandra Sampson, New Jersey; Hannah Sewell, Kentucky; Latoyia Williams, Texas; Tina Wilson, Oklahoma; Valorie Desautel, Rhode Island, Plaintiffs-Appellants, and Courtney Hurd, Plaintiff, v. Donald RUMSFELD, Former Secretary of Defense; Robert Gates, Former Secretary of Defense, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

July 23, 2013.

Attorney(s) appearing for the Case

ARGUED: Susan L. Burke , Burke PLLC, Washington, D.C., for Appellants. Lowell Vernon Sturgill, Jr. , United States Department of Justice, Washington, D.C., for Appellees. ON BRIEF: Susan M. Sajadi , Burke PLLC, Washington, D.C., for Appellants. Neal H. MacBride , United States Attorney, Alexandria, Virginia, Stuart F. Delery , Acting Assistant Attorney General, Barbara L. Herwig , United States Department of Justice, Washington, D.C., for Appellees.

Affirmed by published opinion. Judge AGEE wrote the opinion in which Judge NIEMEYER and Judge THACKER joined.

AGEE, Circuit Judge:

Twenty-eight current and former members of the United States armed forces ("Plaintiffs"), who allege they were victims of rape and sexual misconduct by fellow servicemembers during their military careers, brought suit against two former Secretaries of Defense, Donald Rumsfeld and Robert Gates ("Defendants") in the United States District Court for the Eastern District of Virginia. Alleging that Defendants' acts and omissions in their official capacities...

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