July 6, 2018

DUDE, BE GRATEFUL THEY DIDN'T CAGE YOUR WHOLE FAMILY:

Immigrant soldier sues Defense Department for discharging him without explanation (LORELEI LAIRD, JULY 6, 2018, ABA Journal)

A private in the U.S. Army Reserve has sued the Army for discharging him without warning or explanation, apparently because of his participation in a program for immigrants.

As the Associated Press reported July 5, the U.S. Army has been discharging soldiers who are not U.S. citizens. That includes Lucas Calixto, the private second class who sued the Army on June 28 for his sudden discharge. [...]

Calixto enlisted in the Army Reserve in early 2016 and has not been subject to any discipline or complaints, according to the complaint. In fact, it says, he was promoted to private second class shortly before his discharge. His lawsuit argues that the Army violated its own rules, Department of Defense rules and his due process rights by offering no explanation or chance to respond. Army regulations require that someone who is the subject of an "unfavorable administrative action" should be given a comprehensive, detailed written statement of the reasons for the action, and a chance to respond.

Calixto's lawsuit asks the court to revoke the discharge order and issue a declaratory judgment saying the Army failed to follow its own rules.

Posted by at July 6, 2018 8:40 PM

  

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