John Doe v. U.S. Air Force

FAIRCHILD, Senior Circuit Judge:

Plaintiff John Doe, 1 an enlisted man on active duty, filed a complaint against defendant U.S. Air Force seeking a declaratory judgment that the seizures of certain documents and other items from his office desk and barracks room were violations of the Fourth Amendment, an injunction directing the return of his property and the destruction of any copies, and a certificate attesting to compliance.

The United States Attorney filed a motion to dismiss for lack of subject matter jurisdiction and failure to state a claim. In support, the government asserted that…