Legal Opinion

Guitard v. U.S. Secretary of the Navy

Court of Appeals for the Second Circuit

Decided June 10, 1992No. 851, Docket 91-6256PublishedCited by 33 opinions

1Opinion of the Court

WINTER, Circuit Judge:

This is an appeal from Judge Nevas’s issuance of a preliminary injunction prohibiting the Secretary of the Navy from discharging Lieutenant Paul Raymond Gui-tard. Because Guitard failed to exhaust his administrative remedies, we reverse.

BACKGROUND

Guitard is a Lieutenant, Junior Grade, in the Nurse Corps of the United States Naval Reserve. He is currently on active duty in the Supply Department of the Naval Hospital, Philadelphia, Pennsylvania. In November 1985, Guitard refused to submit to a random drug test, on the ground that the test violated his constitutional…

2Cases cited23 opinions

  1. Consolo v. Federal Maritime CommissionSupreme Court of the United States · 1966
  2. Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1978
  3. McKart v. United StatesSupreme Court of the United States · 1969
  4. Sampson v. MurraySupreme Court of the United States · 1974
  5. Parker v. LevySupreme Court of the United States · 1974

18 more not listed; retrieve them via the Exa API.

3Cited by33 opinions

  1. Crane v. Secretary of the ArmyDistrict Court, W.D. New York · 2000
  2. Cunningham v. LoyDistrict Court, D. Connecticut · 1999
  3. Datek Securities Corp. v. National Ass'n of Securities Dealers, Inc.District Court, S.D. New York · 1995
  4. Guitard v. Secretary of NavyCourt of Appeals for the Second Circuit · 1992
  5. Janniere v. United States ArmyDistrict Court, E.D. New York · 1999

28 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API