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Civil suit against Gen. Hyten (based on sexual assault allegation) survives motion to dismiss

10/23/2020

1 Comment

 
Reuters story here (with commentary from friends of CAAFlog Steve Vladeck and Don Christensen): 

In rare move, U.S. federal court allows military sexual assault case to continue

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Here is the district court order:
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1 Comment
Poster
10/23/2020 02:19:44 pm

It will be interesting to see, where a circumstance such as the N-MC Court of Criminal Appeals case UNITED STATES v. ADDISON might go.
There, conduct was found to go beyond professional and a surrender of the superior subordinate relationship. Yet it yeilded no relief for the subordinate. So, though the subordinate had the charge dismissed but the sentence remained the same.

But could he now seek relief in a civilian court counter to the military court's indifference? It's a thick opinion and there is a lot in there to develop precident.

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