Legal Opinion

John D. Hensala v. Department of the Air Force, F. Whitten Peters, Secretary of the Air Force

Court of Appeals for the Ninth Circuit

Decided September 12, 2003No. 01-16791PublishedCited by 9 opinions

1Opinion of the Court

Opinon by Judge THOMAS; Opinion concurring in part and dissenting in part by Judge TASHIMA.

OPINION

THOMAS, Circuit Judge.

In this appeal we consider, inter alia, whether the district court properly granted summary judgment on John D. Hensa-la’s claims that the United States Air Force’s educational recoupment policy violated his constitutional rights. We conclude that genuine issues of fact preclude summary judgment as to some of the claims, and remand the case to the district court for further proceedings.

I

Since 1957, the Uniform Code of Military Justice has criminalized sex between service…

2Cases cited12 opinions

  1. Carl Edlund v. Larry G. Massanari, Acting Commissioner of Social SecurityCourt of Appeals for the Ninth Circuit · 2001
  2. Lawrence v. TexasSupreme Court of the United States · 2003
  3. Vlandis v. KlineSupreme Court of the United States · 1973
  4. Eric D. Oliver v. Jerry Keller, Sheriff Kyle Edwards Dave SwiekertCourt of Appeals for the Ninth Circuit · 2002
  5. Balint v. Carson CityCourt of Appeals for the Ninth Circuit · 1999

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3Cited by9 opinions

  1. Witt v. Department of the Air ForceCourt of Appeals for the Ninth Circuit · 2008
  2. Witt v. United States Department of the Air ForceDistrict Court, W.D. Washington · 2006
  3. Commonwealth v. ColemanSuperior Court of Pennsylvania · 2004
  4. John v. Sec'y of the InteriorDistrict Court, D. Nevada · 2018
  5. Ayers v. United States Department of DefenseDistrict Court, W.D. Virginia · 2019

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