Downey v. United States Department of the Army et al, No. 1:2014cv01503 - Document 41 (E.D. Va. 2015)
Court Description: MEMORANDUM OPINION. Signed by District Judge Leonie M. Brinkema on 6/19/2015. (rban, )
Download PDF
<![CDATA[
Downey v. United States Department of the Army et al Doc. 41 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division CHRISTOPHER P. DOWNEY, Plaintiff, l:14-cv-1503 (LMB/TCB) V. UNITED STATES DEPARTMENT OF THE ARMY, and JOHN M. McHUGH, Secretary of the United States Department of the Army, Defendants. MEMORANDUM OPINION Following an incident that occurred during a military ball in April 2012, plaintiff Lieutenant Colonel Christopher P. Downey ("Downey" or "plaintiff') was charged with three violations of the Uniform Code of Military Justice ("UCMJ"). Downey's superior officer, two- star Major General Mark Milley ("Milley"), held an administrative hearing known as an "Article 15," after which he found Downey guilty of one of the three charges—^assault consummated by a battery. The only punishment Downey received as a direct result of this finding of guilt was that the record of the Article 15 was placed in the restricted section of his personnel file. He also experienced certain adverse administrative actions affecting his career in the Army. After an unsuccessftil intermediate appeal, Downey appealed his Article 15 to the Army Board for Correction of Military Records ("ABCMR" or the "Board"), which denied his appeal. Downey filed the instant four-count action challenging the ABCMR's decision; the Article 15 proceeding; and various regulations, policies, and procedures of the defendants. The parties have filed cross-motions for summary judgment on Counts I and II, and defendants have filed a motion to dismiss Counts III and IV. The motions have been fully briefed and oral argument has Dockets.Justia.com
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
