Repp v. United States

OPINION

SMITH, Chief Judge.

This military back pay case is before the court on the parties’ cross-motions for summary judgment. The plaintiff is a former Air Force pilot who was court-martialled for heroin use. He was discharged and sentenced to three years’ hard labor. He has completed his sentence. The plaintiff alleges that the Air Force violated his Fourth Amendment rights when it detained and searched him without probable cause. The government initially contended that this court did not have jurisdiction to hear the case, nor could the court overturn the substantive decisions of the…