Legal Opinion

Lewis v. Marsh

District Court, District of Columbia

Decided October 20, 1987No. Civ. A. 86-2566PublishedCited by 4 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

SPORKIN, District Judge.

Plaintiff appeals a final decision of the Secretary of the Army which upheld the imposition of a fine and the dismissal of the plaintiff, Sergeant Mark B. Lewis from Officer Candidate School (OCS) as the result of an alleged drunk driving incident that occurred on May 8, 1982. For the reasons outlined, I find that decision was arbitrary and capricious and was not supported by-substantial evidence. Therefore, the decision of the Secretary is reversed and an Order shall be entered granting plaintiff relief.

I. Facts

Plaintiff enlisted in the…

2Cases cited5 opinions

  1. Middendorf v. HenrySupreme Court of the United States · 1976
  2. Leonard P. Matlovich v. Secretary of the Air Force and Colonel Alton J. ThogersenCourt of Appeals for the D.C. Circuit · 1978
  3. Joseph S. Neal v. Secretary of the Navy and Commandant of the Marine CorpsCourt of Appeals for the Third Circuit · 1981
  4. Edison W. Miller v. John F. Lehman, Jr.Court of Appeals for the D.C. Circuit · 1986
  5. Wronke v. MarshDistrict Court, C.D. Illinois · 1985

3Cited by4 opinions

  1. Henry v. Department of the NavyDistrict Court, E.D. Arkansas · 1991
  2. Huang v. NapolitanoDistrict Court, District of Columbia · 2010
  3. James Jenkins v. Sanger Police Department, et al.District Court, E.D. California · 2025
  4. Ora Deniece Livingston v. McKesson Medical-Surgical Inc.District Court, E.D. California · 2026

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