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GARRISON v. JOHNSON

Civ. No. 03-142-P-H.

286 F.Supp.2d 41 (2003)

Chester L. GARRISON, Plaintiff, v. Hansford T. JOHNSON, Acting Secretary of the Navy, Defendant.

United States District Court, D. Maine.

October 10, 2003.

Attorney(s) appearing for the Case

Philip P. Mancini, Drummond & Drummond, Portland, ME, Richard Lord, Brunswick, ME, for Plaintiff.

Evan Roth, Office of the U.S. Attorney, Portland, ME, for Defendant.

DECISION AND ORDER ON DEFENDANT'S MOTION TO DISMISS

HORNBY, District Judge.

Chester L. Garrison's ("Garrison") Complaint fails to state a procedural due process claim under the Fifth Amendment (Count II); he has failed to exhaust his administrative remedies, foreclosing his state law claims (Counts III and IV); and punitive damages are not available against the Secretary of the Navy ("Navy"). Therefore, the Navy's motion to dismiss Counts II, III and IV...

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