Witt v. Department of the Air Force et al

Filing 181

Civil Appeals Docketing Statement by Defendants Department of the Air Force, Donald H Rumsfeld, Mary L Walker, Michael W Wynne, to be transmitted by Clerk to Circuit Court of Appeals. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Phipps, Peter)

Witt v. Department of the Air Force et al

Doc. 181 Att. 1

Case 3:06-cv-05195-RBL Document 166

Filed 09/24/10 Page 1 of 1

AO 450 (Rev. 5/85) (Mod. 10/93) Judgment in a Civil Case "

United States District Court
WESTERN DISTRICT OF WASHINGTON

JUDGMENT IN A CIVIL CASE
MAJOR MARGARET WITT,
v.

CASE NUMBER UNITED STATES DEPARTMENT OF THE AIR FORCE; et al, [%]

CV06-5195 RBL

Decision by Court. This action came to trial before the Court. The issues have been presented and a decision has been rendered. BASED ON ORAL AND WRITTEN MEMORANDUM OPINION AND FINDINGS OF FACT AND CONCLUSIONS OF LAW THE COURT HAS ORDERED THAT The application of "Dont's Ask Don't Tell" to Major Margaret Witt does not significantly further the government's interest in promoting military readiness, unit morale and cohesion. Her discharge from the Air Force Reserves violated her substantive due process rights under the Fifth Amendment to the United States Constitution. She should be restored to her position as a Flight Nurse with the 446th AES as soon as is practicable, subject to meeting applicable regulations touching upon qualifications necessary for continued service.

Dated:

September 24, 2010

WILLIAM M. McCOOL Clerk s/Jean Boring (By) Deputy Clerk

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