United States Federal Circuit

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Kennedy v. US, 2016-1512

In a suit brought by a plaintiff who was disenrolled from the Navy Reserve Officer Training Corps (NROTC) program at George Washington University after he failed to complete the required course at the Officer Candidate School (OCS) in Quantico, VA, the Court of Federal Claims' decision that the disenrollment was lawful is reversed and remanded where, given the concession by the government that plaintiff’s due process rights had been violated when he was dissuaded from attending his PRB, and its concession that the error was not harmless, it is clear that the Court of Federal Claims erred in concluding that plaintiff's disenrollment was inevitable because Quantico deemed him unfit to return.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2017/01/17

Judges

Court

  • United States Federal Circuit

Counsel


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