· 1/18/1985
Luis S. Navas v. Luis Gonzalez Vales
Citations
- 752 F.2d 765
- 1985 U.S. App. LEXIS 27848
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that the ABCMR “could not order [the plaintiffs] reinstatement in the [North Carolina Army National Guard]”
- suggesting that a plaintiff may have a justiciable claim if the State National Guard refused to reinstate plaintiff as recommended by the ABCMR
- finding servicemember-plaintiff’s claim nonjusticiable where he failed to exhaust intraservice administrative remedies prior to seeking judicial review
- regulation only creates a property interest if it explicitly or implicitly gives rise to an entitlement to continued employment
- regulation only, creates a property interest if it explicitly or implicitly gives rise to an entitlement to continued employment
- the court found non-justiciable the claim that the Selective Retention Board violated military regulations at the threshold phase of the Mindes test, and thus did not reach the balancing factors phase of the test
Source: CourtListener parenthetical corpus (CC0).
Judges: Campbell, Ald-Rich, Timbers
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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