The United States Court of Appeals for the Fourth Circuit today ordered counsel in Cioca v. Rumsfeld, No. 12-1065, to file supplemental briefs on an issue that has perplexed us:  why a Coastguardsman is the lead plaintiff in a case in which the only defendants are two former SECDEFs.  Here’s the issue

Whether the plaintiffs who allege injuries arising in the course of their service in the United States Coast Guard possess standing to pursue claims against the defendants, former Secretaries of Defense, when the Coast Guard operates within the Department of Homeland Security.

And here’s the order. The supplemental briefs are due by 6 March.

5 Responses to “4th Circuit orders supplemental briefing in Cioca v. Rumsfeld”

  1. Phil Cave says:

    Are there not at least two judges of this court that have recent military justice experience.
    And of course they are right.

  2. Bridget Wilson says:

    You called it Sage Sullivan.

  3. Dwight Sullivan says:

    Bridget, actually one of our readers first noted that problem.

  4. Dwight Sullivan says:

    I just found the comment — it was by Nancy Truax (appropriately enough, a Coast Guard alumna):

    Nancy Truax says:

    I thought it odd that Cioca (a Coast Guardsman) was the lead plaintiff in a complaint that did not name Janet Napolitano or Michael Chertoff or whomever was Secretary of DHS when all this conduct took place.


  5. justiceday says:

    There is no justice in America for rape victims.  The fact that women or men have to go after the DoD because this problem is so epic speaks volumes of the lack of honor in this country and military and the absence of justice in our court system.  Why do we protect rapist in the military?  There is clear evidence that the marines break federal laws andtheir own UCMJ but they play stupid and we accept that. 
    Just look at this site and see all of the violations of the UCMJ.  The fact this marine attempted to sodomize the victim alone was course for action not to mention all of his other violations, and the command at Camp Pendleton actually rewarded him and never documented it.  Where is the justice?  Where is the honor?