chappell
wallace
argued
april
decided
june
respondent
navy
enlisted
men
brought
action
damages
relief
federal
district
petitioner
superior
officers
alleging
petitioners
making
duty
assignments
performance
evaluations
imposing
penalties
discriminated
respondents
race
violation
constitutional
rights
district
dismissed
complaint
grounds
actions
complained
nonreviewable
military
decisions
petitioners
entitled
immunity
respondents
failed
exhaust
administrative
remedies
appeals
reversed
held
enlisted
military
personnel
may
maintain
suit
recover
damages
superior
officer
alleged
constitutional
violations
special
status
military
required
constitution
contemplated
congress
created
long
recognized
two
systems
justice
one
civilians
one
military
personnel
need
unhesitating
decisive
action
military
officers
equally
disciplined
responses
enlisted
personnel
undermined
judicially
created
remedy
exposing
officers
personal
liability
hands
charged
command
moreover
congress
constitutionally
authorized
source
authority
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system
justice
provided
damages
remedy
claims
military
personnel
constitutional
rights
violated
superior
officers
action
provide
judicial
response
way
remedy
inconsistent
congress
authority
taken
together
unique
disciplinary
structure
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establishment
congress
activity
field
constitute
special
factors
dictate
inappropriate
provide
enlisted
military
personnel
remedy
superior
officers
pp
reversed
remanded
burger
delivered
opinion
unanimous
assistant
attorney
general
mcgrath
argued
cause
petitioners
briefs
solicitor
general
lee
deputy
solicitor
general
geller
david
strauss
robert
kopp
john
cordes
john
murcko
appointment
argued
cause
filed
brief
respondents
briefs
amici
curiae
urging
reversal
filed
mitchell
lathrop
terrence
bingman
naval
reserve
association
daniel
popeo
paul
kamenar
nicholas
calio
washington
legal
foundation
briefs
amici
curiae
urging
affirmance
filed
nanette
dembitz
burt
neuborne
american
civil
liberties
union
leonard
boudin
bill
rights
foundation
barry
sullivan
lawyers
committee
civil
rights
law
jack
greenberg
james
nabritt
iii
steven
winter
steven
phillips
naacp
legal
defense
educational
fund
chief
justice
burger
delivered
opinion
granted
certiorari
determine
whether
enlisted
military
personnel
may
maintain
suits
recover
damages
superior
officers
injuries
sustained
result
violations
constitutional
rights
course
military
service
respondents
five
enlisted
men
serve
navy
board
combat
naval
vessel
petitioners
commanding
officer
vessel
four
lieutenants
three
noncommissioned
officers
respondents
brought
action
officers
seeking
damages
declaratory
judgment
injunctive
relief
respondents
alleged
minority
race
petitioners
failed
assign
desirable
duties
threatened
gave
low
performance
evaluations
imposed
penalties
unusual
severity
app
respondents
claimed
inter
alia
actions
complained
deprived
rights
constitution
laws
including
right
discriminated
race
color
previous
condition
servitude
respondents
also
alleged
conspiracy
among
petitioners
deprive
rights
violation
district
southern
district
california
dismissed
complaint
grounds
actions
respondents
complained
nonreviewable
military
decisions
petitioners
entitled
immunity
respondents
failed
exhaust
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remedies
appeals
ninth
circuit
reversed
appeals
assumed
bivens
six
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agents
authorized
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complaint
unless
either
actions
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appeals
set
certain
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officials
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actions
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green
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lucas
post
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action
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decision
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federal
tort
claims
act
extends
remedy
one
sustaining
incident
military
service
circumstances
actionable
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held
even
assuming
act
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read
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liability
feres
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question
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maintain
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brown
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system
justice
provided
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claims
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plainly
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authority
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dictate
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personnel
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superior
officers
see
bush
lucas
post
iii
chief
justice
warren
occasion
note
citizens
uniform
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hold
enlisted
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may
maintain
suit
recover
damages
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officer
alleged
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reversed
case
remanded
proceedings
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footnotes
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dinsman
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wilkes
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leave
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remand
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portion
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among
petitioners
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appeals
briefs
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argument