Legal Opinion

Martinez v. United States

United States Court of Claims

Decided October 28, 1992No. 91-1552CPublishedCited by 35 opinions

1Opinion of the Court

OPINION

MARGOLIS, Judge.

This case is before the court on cross motions for summary judgment. Plaintiff appeals a decision of the Army Board for Correction of Military Records (“ABCMR”) confirming plaintiff’s disenrollment from the Reserve Officers Training Corps (“ROTC”) program for marijuana use. Plaintiff filed suit in the United States District Court for the Western District of New York, which transferred his claim to the United States Claims Court. Plaintiff seeks injunctive, declaratory, and compensatory relief. Defendant claims that this court lacks jurisdiction to hear plaintiff’s claim…

2Cases cited17 opinions

  1. United States v. TestanSupreme Court of the United States · 1976
  2. United States v. KingSupreme Court of the United States · 1969
  3. Chappell v. WallaceSupreme Court of the United States · 1983
  4. Sanders v. United StatesUnited States Court of Claims · 1979
  5. Austin v. United StatesUnited States Court of Claims · 1975

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3Cited by35 opinions

  1. Matthews v. United StatesUnited States Court of Federal Claims · 2006
  2. McCullough v. United StatesUnited States Court of Federal Claims · 2006
  3. Gray v. United StatesUnited States Court of Federal Claims · 2005
  4. McCauley v. StatesUnited States Court of Federal Claims · 1997
  5. Charles v. Rice, Secretary USAFCourt of Appeals for the First Circuit · 1994

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