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WITT v. U.S. DEPT. OF AIR FORCE

Case No. 06-5195RBL.

739 F.Supp.2d 1308 (2010)

Major Margaret WITT, Plaintiff, v. UNITED STATES DEPARTMENT OF the AIR FORCE; et al, Defendants.

United States District Court, W.D. Washington, at Tacoma.

September 24, 2010.

Attorney(s) appearing for the Case

Aaron H. Caplan, Loyola Law School Los Angeles, Los Angeles, CA, James E. Lobsenz, Carney Badley Spellman, Sarah A. Dunne, Sher S. Kung, ACLU of Washington, Seattle, WA, for Plaintiff.

Peter J. Phipps, Bryan R. Diederich, Stephen J. Buckingham, U.S. Department of Justice, Washington, DC for Defendants.

MEMORANDUM OPINION

RONALD B. LEIGHTON, District Judge.

Plaintiff Margaret Witt challenges the constitutionality of the statute known as "Don't Ask, Don't Tell" ("DADT") found at 10 U.S.C. § 654, and its implementing regulations (in the case of the Air Force Reserve, through Air Force Instruction 36-3209). Witt claims that her discharge under DADT violated both her procedural and substantive due process rights under the due process clause of the Fifth...

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