McVeigh v. Cohen

Plaintiff

Timothy R. McVeigh

Defendant

William Cohen, U.S. Secretary of Defense, et al.

Plaintiff's Claim

That by investigating his sexual orientation, the navy violated his rights under the Electronic Communications Privacy Act of 1996, the Administrative Procedure Act, Department of Defense policy, and the Fourth and Fifth Amendments to the U.S. Constitution; therefore, he sought that the Navy be enjoined from its attempts to discharge him.

Chief Lawyer for Plaintiff

Christopher Wolf

Chief Defense Lawyer

David Glass

Judge

U.S. District Judge Stanley Sporkin

Place

Washington, D.C.

Date of Decision

26 January 1998

Decision

That plaintiff's case passed a four-part test for preliminary injunction, and the defendants were preliminarily enjoined from taking any adverse action against the defendant on the basis of his alleged sexual orientation, pending final resolution of the plaintiff's complaint.

Further Readings

• Bull, Chris. "No More Evasive Actions." The Advocate, Dec. 8, 1998, p. 28.
• Gallaghar, John. "Don't Ask, Don't Log On." The Advocate, March 3, 1998, p. 35.
• Loundy, David J. "Navy Goes Overboard in Hunt for Submariner," Chicago Daily Law Bulletin, February 12, 1998, p. 5.
• Yaukey, John. "Judge Tells Navy to Give Gay Sailor Meaningful Work." Gannett News Service, March 27, 1998.