United States Fifth Circuit
Walch v. Adjutant Gen.'s Dep't of Texas, 07-20175
In an action raising claims based on plaintiff's discharge from the Texas Air National Guard and the loss of his position as a full-time National Guard civilian employee, dismissal of plaintiff's claims as non-justiciable is affirmed where: 1) allowing claims pursuant to Bivens or section 1983 and 1985 to be brought by a National Guard technician against his chain of military command is contrary to the principles of court precedent; and 2) plaintiff's Title VII claims were non-justiciable since the decisions involved were subjective personnel decisions or decisions integrally related to the military.
Appellate Information
- Decided 06/06/2008
- Published 06/06/2008
Judges
- SOUTHWICK, Circuit Judge:, Before KING, DeMOSS and SOUTHWICK, Circuit Judges.
Court
- United States Fifth Circuit
Counsel
- For Appellant:
- Patrick J. Gilpin (argued), Gilpin Law Firm, Houston, TX, for Walch., Jack Christian O'Donnell, Madeleine B. Connor (argued), Craig H. Russell, Austin, TX, for Adjutant General and State of Texas., Vernon Lydell Lewis, Asst. U.S. Atty. (argued), Houston, TX, for Wynne.