Legal Opinion
Major Angelo M. Diliberti v. Harold Brown, Secretary of Defense, Etc.
Court of Appeals for the Seventh Circuit
Decided September 14, 1978No. 77-1412PublishedCited by 20 opinions
1Opinion of the Court
TONE, Circuit Judge.
This is an appeal from a preliminary injunction enjoining the Secretary of Defense, et al., from discharging plaintiff from the Army Reserve or ordering him retired until the administrative appeal of his discharge is completed. We hold that, since plaintiff can obtain adequate relief through the administrative process, the judicial relief granted was premature.
Two days before he was scheduled to be discharged, plaintiff filed a complaint in the District Court pursuant to 28 U.S.C. §§ 2201 and 2202 seeking a declaratory judgment that he was deprived of due process in…
2Cases cited8 opinions
- Sampson v. MurraySupreme Court of the United States · 1974
- Sims v. FoxCourt of Appeals for the Fifth Circuit · 1974
- Hodges v. CallawayCourt of Appeals for the Fifth Circuit · 1974
- Major Adolph H. Knehans, Jr. v. Clifford L. Alexander, Secretary of the ArmyCourt of Appeals for the D.C. Circuit · 1977
- Christian v. New York State Department of LaborSupreme Court of the United States · 1974
3 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Gabriel J. Martinez v. United StatesCourt of Appeals for the Federal Circuit · 2003
- Wyatt v. United StatesUnited States Court of Claims · 1991
- Jerry Alan Gilley v. United States of America, Acting by and Through Norman A. Carlson, Director, Federal Prison Systems, Department of JusticeCourt of Appeals for the Sixth Circuit · 1981
- Krzeminski v. United StatesUnited States Court of Claims · 1987
- Jessen v. Village of Lyndon StationDistrict Court, W.D. Wisconsin · 1981
15 more not listed; retrieve them via the Exa API.