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DONALD R. NEWLAND Plaintiff-Appellant
vs.
JOHN H. DALTON Secretary of the Navy Defendant-Appellee.


Click Here to Read the Full Case Summary
 
Issues:
Alcohol, public employee, due process, policy and procedure, Rehabilitation Act of 1973.
 
Case Summary:
Donald Newland, a former civilian employee of the U.S. Navy, appeals a lower court's ruling in his attempt at reinstatement. The Navy dismissed Newland after he was arrested for attempting to discharge an assault rifle inside a crowded bar. Newland, an alcoholic, filed suit against the Navy, alleging a violation of the Rehabilitation Act of 1973. Newland said the incident in the bar was committed in a "drunken rage" linked to his alcoholism. The Navy responded with a motion to dismiss.
 
Decision of lower jurisdiction:
The United States District Court for the Central District of California granted the Navy's motion to dismiss. The court ruled that Newland failed to state a claim. Newland now appeals.
 
Outcome:
Newland loses. The U.S. Court of Appeals for the Ninth Circuit affirmed the ruling of the lower jurisdiction. The appeals court ruled that Newland was dismissed for attempting to fire an rifle inside a bar, not because he was an alcoholic.