DOE v. HAGENBECK

No. 15-1890-cv August Term 2015.

870 F.3d 36 (2017)

Jane DOE, Plaintiff-Appellee, v. Lt. Gen. Franklin Lee HAGENBECK, Brig. Gen. William E. Rapp, Defendants-Appellants, United States of America, Defendant.

United States Court of Appeals, Second Circuit.

Decided: August 30, 2017.


Attorney(s) appearing for the Case

FOR PLAINTIFF-APPELLEE: Rebecca Ojserkis , Jonas Wang , Erin Baldwin , Kathryn Wynbrandt , Bethany Li , Michael J. Wishnie , Veteran Legal Services Clinic, Jerome M. Frank Legal Services Organization, Yale Law School, New Haven, CT, for Jane Doe.

FOR DEFENDANTS-APPELLANTS: CHRISTOPHER CONNOLLY , Benjamin H. Torrance , Assistant United States Attorneys, New York, NY, for Joon H. Kim , Acting United States Attorney for the Southern District of New York, for Lt. Gen. Franklin Lee Hagenbeck and Brig. Gen. William E. Rapp.

AMICI CURIAE: Caitlin J. Halligan , Joel M. Cohen , Casey K. Lee , Kathryn M. Cherry , Gibson, Dunn & Crutcher LLP, New York, NY, for Amici Curiae Federal Courts and Constitutional Law Professors, in support of Jane Doe.

Paul W. Hughes , Travis Crum , Mayer Brown LLP, Washington, D.C., for Amici Curiae University Administrators, in support of Jane Doe.

Penelope A. Preovolos , Ben Patterson , Morrison & Foerster LLP, San Francisco, CA, for Amici Curiae Former Military Officers, in support of Jane Doe.

John D. Niles , James Anglin Flynn , Covington & Burling LLP, Washington, D.C., for Amici Curiae National Veterans Legal Services Program, Protect Our Defenders, Service Women's Action Network, in support of Jane Doe.

Sandra S. Park , Steven Watt , Lenora M. Lapidus , American Civil Liberties Union Foundation, New York, NY, for Amici Curiae American Civil Liberties Union, American Association of University Women, Human Rights and Gender Justice Clinic at the City University of New York School of Law, Human Rights Watch, National Alliance to End Sexual Violence, National Center on Domestic and Sexual Violence, National Women's Law Center, in support of Jane Doe.

Judge Chin dissents in a separate opinion.


Jane Doe is a former United States Military Academy ("West Point") cadet who alleges that during her second year at West Point, she was sexually assaulted by a fellow cadet. She filed this lawsuit not against the cadet, but against two superior officers, Lieutenant General Franklin Lee Hagenbeck and Brigadier...

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