A docket entry today in the case of Martin v. NCIS, 3:10-cv-01879-WQH -AJB, pending in the United States District Court for the Southern District of California, sets 9 November as the deadline for the defendants’ answer.
We previously discussed the case here. An ACLU press release explains:
A former Marine and federal contract investigator is challenging the Naval Criminal Investigative Service (NCIS) for retaliating against her because she is an effective defense investigator for Marines and sailors in courts-martial and other proceedings.
Carolyn Martin, who served in the Marine Corps for fourteen years in intelligence and administrative capacities, was seized for hours without justification, harassed at her home, and falsely “charged” with a federal felony. A staff judge advocate has unlawfully barred her from the courtroom and defense counsel offices at the Marine Corps Recruit Depot.
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The San Diego ACLU is suing on Martin’s behalf, claiming that the NCIS retaliated against her for First Amendment-protected speech, including engaging in factual investigation and analysis, interviewing clients and witnesses, communicating her findings to her clients and defense attorneys, testifying in proceedings, and related activities, and for interfering with her access to court proceedings. The NCIS is also being charged with violating the Fourth Amendment by its unreasonable seizure, and with Fifth Amendment violations for unreasonably interfering with her ability to obtain employment. Moreover, the order barring Martin from the MCRD courtroom violates the First Amendment.