Legal Opinion

Bennett v. Murphy

District Court, D. Massachusetts

Decided February 26, 2016No. Civil Action No. 14-10275-FDSPublishedCited by 5 opinions

1Opinion of the Court

MEMORANDUM AND ORDER ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

SAYLOR, United States District Judge

This matter arises out of the United States Army’s denial of a veteran’s petitions for correction of his military records. Pro se plaintiff David Bennett is a Vietnam veteran and former Army captain who seeks to expunge certain adverse reports from his record and change his honorable discharge to a medical retirement.

Bennett has asserted one claim under the Due Process Clause of the Fifth Amendment and six claims under the Administrative Procedure Act (“APA”), 5 *131U.S.C. § 706(2)(a). As to his APA…

2Cases cited30 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  4. Samuel Mesnick v. General Electric CompanyCourt of Appeals for the First Circuit · 1991
  5. Smalls, Eugene C. v. United StatesCourt of Appeals for the D.C. Circuit · 2006

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3Cited by5 opinions

  1. Badah Kai Cho, Midshipman Second Class, United States Naval Academy v. John C. Phelan, Secretary of the Navy, et al.District Court, D. Maryland · 2026
  2. Coleman v. WilsonDistrict Court, W.D. North Carolina · 2022
  3. Ganiszewski v. AustinDistrict Court, D. Maryland · 2024
  4. Kinuthia v. BidenDistrict Court, D. Massachusetts · 2023
  5. Velez-Amador v. SchultzDistrict Court, D. Puerto Rico · 2023

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