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CHAPPELL v. WALLACE

No. 82-167.

462 U.S. 296 (1983)

103 S.Ct. 2362

76 L.Ed.2d 586

CHAPPELL ET AL. v. WALLACE ET AL.

Supreme Court of United States.

Decided June 13, 1983

Attorney(s) appearing for the Case

Assistant Attorney General McGrath argued the cause for petitioners. With him on the briefs were Solicitor General Lee, Deputy Solicitor General Geller, David A. Strauss, Robert E. Kopp, and John F. Cordes.

John Murcko, by appointment of the Court, 459 U.S. 1068, argued the cause and filed a brief for respondents.*

Briefs of amici curiae urging affirmance were filed by Nanette Dembitz and Burt Neuborne for the American Civil Liberties Union; by Leonard B. Boudin for the Bill of Rights Foundation, Inc.; by Barry Sullivan for the Lawyers' Committee for Civil Rights Under Law; and by Jack Greenberg, James M. Nabritt III, Steven L. Winter, and Steven J. Phillips for the NAACP Legal Defense and Educational Fund, Inc.

CHIEF JUSTICE BURGER delivered the opinion of the Court.

We granted certiorari to determine whether enlisted military personnel may maintain suits to recover damages from superior officers for injuries sustained as a result of violations of constitutional rights in the course of military service.

I

Respondents are five enlisted men who serve in the United States Navy on board a combat naval vessel. Petitioners are the commanding officer of the vessel...

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