Soldier who sued not required to report for duty

Soldier who sued not required to report for duty

Monday, October 25, 2004 Posted: 9:58 AM EDT (1358 GMT)

NEW YORK (CNN) -- The U.S. Army captain who filed an injunction to block his deployment to Iraq will not have to report for duty Monday, and the military has one week to decide whether to approve his resignation.

Capt. Jay Ferriola, 31, appeared in court for an emergency hearing Sunday to decide his fate. Ferriola says he resigned from the Army Reserve in June after eight years of service, including four years of active duty.

Ferriola received orders last week to report for active duty with the 306th Military Police Battalion in Uniondale, New York. The lawsuit says the unit will serve in Iraq for a year and a half on a "dangerous mission in Iraq."

Ferriola filed a lawsuit against the government, claiming lack of due process, involuntary servitude and breach of contract.

more

http://www.cnn.com/2004/LAW/10/25/iraq.soldier.injunction/

ON EDIT: I'm sorry, it looks like this is a dupe; original thread here:

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=102x930022