Newton v. Utah National Guard et al
| Robert Newton |
| Wayne E. Lee, Brian L. Tarbet, Brent E. Winget and John R. Teter |
| 2:2007cv00041 |
| January 24, 2007 |
| US District Court for the District of Utah |
| Central Office |
| Salt Lake |
| Dale A. Kimball |
| Civil Rights: Jobs |
| 42 U.S.C. ยง 1983 Civil Rights (Employment Discrimination) |
| Defendant |
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| Document Text |
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Filing
83
MEMORANDUM DECISION AND ORDER granting in part and denying in part 46 Motion for Summary Judgment. The court grants summary judgment in Major General Tarbet and Brigadier General Winget's favor and hereby dismisses them. The court hereby dismi sses Newton's employment claims based on procedural due process and equal protection. The court denies summary judgment on Newton's procedural due process claim pertaining to this ATCS certificate. Due to the Feres doctrine, however, Newton may only challenge the procedural actions of Major Teter and Lt. Col. Lee relating to Newton's ATCS certificate suspension and the withdrawal. Signed by Judge Clark Waddoups on 2/19/2010. (las)
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