E. V. v. ROBINSON

No. 16-16975.

906 F.3d 1082 (2018)

E. V., Plaintiff-Appellant, v. Eugene H. ROBINSON, Jr., Lieutenant Colonel, U.S. Marine Corps, in his capacity as Military Judge; David A. Martinez, Sergeant, U.S. Marine Corps., as Indispensable Party, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 17, 2018


Attorney(s) appearing for the Case

Peter Coote (argued), Pennoni Associates Inc., Philadelphia, Pennsylvania, for Plaintiff-Appellant.

Gregory Thomas Broderick (argued), Assistant United States Attorney, United States Attorney's Office, Sacramento, California, for Defendants-Appellees.

Before: Eugene E. Siler, Richard A. Paez, and Sandra S. Ikuta, Circuit Judges.


OPINION

We must decide whether the doctrine of federal sovereign immunity bars this suit for injunctive relief against Lieutenant Colonel Eugene H. Robinson, Jr., ("Judge Robinson") in his official capacity as a military judge. Judge Robinson presided over the court-martial of a service member accused of sexually assaulting...

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