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LANCASTER v. SECRETARY OF NAVY

No. 23-1578.

109 F.4th 283 (2024)

Darlene Faye LANCASTER, wife, heir and executor of the estate of her late husband, Commander Allen Lee Lancaster, CHC, USN (ret), Intervenor/Plaintiff-Appellant, and Allen L. Lancaster, Plaintiff, v. The SECRETARY OF the NAVY; the Chief of Naval Personnel; the Navy Chief of Chaplains, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: July 26, 2024.

Attorney(s) appearing for the Case

ARGUED: Arthur A. Schulcz, LAW OFFICE OF ARTHUR A. SCHULCZ, SR., CHAPLAINS' COUNCIL, PLLC, Leesburg, Virginia, for Appellant. Garry Daniel Hartlieb, OFFICE OF THE UNITED STATES ATTORNEY, Norfolk, Virginia, for Appellees. ON BRIEF: Jessica D. Aber, United States Attorney, Richmond, Virginia, Lauren A. Wetzler, Civil Chief, Alexandria, Virginia, Joel E. Wilson, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Norfolk, Virginia, for Appellee.

Vacated and remanded with instructions by published opinion. Judge Quattlebaum wrote the opinion, in which Judge Wilkinson and Judge Niemeyer joined.

Lawsuits have lifespans, sometimes coinciding with those of the parties. This lawsuit began when a retired Navy chaplain sued several Navy officials in their official capacity, alleging discrimination in the Navy's promotion practices. It should have ended when the ex-chaplain died—after the Navy moved to dismiss...

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