United States Fourth Circuit

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Cioca v. Rumsfeld, 12-1065

Dismissal of a complaint brought by plaintiffs, current and former members of the U.S. armed forces, against defendants, two former Secretaries of State, alleging a Bivens cause of action arising out of defendants' acts and omissions in their official capacities that contributed to a military culture of tolerance for rape and other sexual crimes perpetrated against plaintiffs, is affirmed, where: 1) no Bivens remedy is available for injuries that "arise out of or are in the course of activity incident to service"; 2) the injuries alleged by plaintiffs in their complaint, clearly "arise out of or are in the course of activity incident to service;" and thus, 3) judicial abstention is the proper course in this case.

Appellate Information

  • Decided 07/23/2013
  • Published 07/23/2013

Judges

  • AGEE

Court

  • United States Fourth Circuit

Counsel