2nd Circ. Rules Court Can't Decide West Point Rape Suit

By Daniel Wilson (August 30, 2017, 7:29 PM EDT) -- The Second Circuit on Wednesday overturned a decision allowing a military cadet to sue two superior officers for allegedly fostering a "misogynistic" culture at West Point that led to her alleged sexual assault, saying that deciding her claim would impinge on military functions, therefore preventing court intervention.

Because the anonymous plaintiff, referred to as Jane Doe, was as a cadet considered a member of the military at the time her claims occurred, and her claims concerned her superior officers and their choices regarding discipline and control, her allegation falls under a bar on civilian courts second-guessing military decisions, a three-judge panel...

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