United States DC Circuit

In case where plaintiff, a former Navy Chaplain with conservative evangelical Protestant religious beliefs, alleged that he had been constructively discharged from the Navy for refusing to endorse pluralism and to preach counter to his religious beliefs in violation of his rights to free speech and free exercise of religion, summary judgment in favor of the Navy is affirmed, as: 1) plaintiff may not raise this issue since his resignation was voluntary; and 2) the Navy did not act unreasonably in refusing to permit him to withdraw his resignation.

Appellate Information

• Decided 11/28/2006
• Published 11/28/2006

Judges

• Before:  SENTELLE and ROGERS, Circuit Judges, and SILBERMAN, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Arthur A. Schulcz, Sr. argued the cause and filed the briefs for appellant.


• For Appellees:
  
• Lowell V. Sturgill, Jr., Attorney, U.S. Department of Justice, argued the cause for appellees.   With him on the brief were Peter D. Keisler, Assistant Attorney General, U.S. Department of Justice, Kenneth L. Wainstein, U.S. Attorney at the time the brief was filed, and Robert M. Loeb, Attorney.