Case Digests

Posted on: Friday, 10 October 2008, 00:00 CDT U.S. Court of Appeals for the Second Circuit Immunity Dibble v. Fenimore Appealed from the Northern District of New York Background: The secretary of the U.S. Air Force is a defendant in an action and appel from a grant of summary judgment in favor of the secretary. Donald J. Dibble is a former federal excepted service technician with the New York Air National Guard who was denied reenlistment. Alleging the denial was retaliation for his exercise of constitutional and statutory rights, including his advocacy as a union representative, Dibble applied for administrative relief from the Air Force Board for the Correction of Military Records. When the board denied his application, Dibble filed the present action under the Administrative Procedure Act. Ruling: The court holds that the... [read full story]