Legal Opinion

Guerra v. Scruggs

Court of Appeals for the Fourth Circuit

Decided August 9, 1991No. 90-1164PublishedCited by 55 opinions

1Opinion of the Court

OPINION

ERVIN, Chief Judge:

Private Rigoberto Guerra brought suit against Col. Hugh F. Scruggs, Commanding Officer of the 7th Special Forces Group at Fort Bragg, and Michael Stone, Secretary of the Army, in the United States District Court for the Eastern District of North Carolina. He sought a temporary restraining order and a preliminary injunction to prevent his discharge from the Army. Guerra challenged the procedures by which Col. Scruggs decided to discharge Guerra with a general discharge discharge under honorable conditions for cocaine usage and absence from duty due to alcohol…

2Cases cited31 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  3. Perry v. SindermannSupreme Court of the United States · 1972
  4. San Antonio Independent School District v. RodriguezSupreme Court of the United States · 1973
  5. McGowan v. MarylandSupreme Court of the United States · 1961

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3Cited by55 opinions

  1. Gabriel J. Martinez v. United StatesCourt of Appeals for the Federal Circuit · 2003
  2. John D. Holley v. United StatesCourt of Appeals for the Federal Circuit · 1997
  3. Clinton v. GoldsmithSupreme Court of the United States · 1999
  4. Weathersbee v. Baltimore City Fire DepartmentDistrict Court, D. Maryland · 2013
  5. Qualls v. RumsfeldDistrict Court, District of Columbia · 2005

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