Ryan Bussey v. Daniel Driscoll

Good Law
131 F.4th 756
United States Court of Appeals for the Ninth CircuitMarch 12, 202523-35588California2,290 words

Opinion

Opinion

I. BACKGROUND

A. Bussey’s Military Service and Discharge Ryan Bussey volunteered to join the Army in 2008. His commanders viewed him as an “extraordinary” soldier, who would “run through a brick wall for” his platoon. In 2009, he was deployed to Afghanistan, where he was extensively involved in combat and witnessed severe human suffering. In a now familiar story, after returning from his deployment, Bussey suffered from then-undiagnosed PTSD. His drinking increased, and although Bussey had no prior history of wrongdoing, he was cited by military police for larceny, assault while under the influence of alcohol, and possession of drug paraphernalia.

BUSSEY V. DRISCOLL

In January 2010, after months of deteriorating, Bussey was accused by a married civilian woman of sexual assault. Following a night of dancing, Bussey and the civilian woman had returned to Bussey’s barracks. After she declined Bussey’s request to “cuddle,” she said he picked her up, took her to the bed, and began removing her clothing. She said she repeatedly told Bussey to stop and that she did not want to have sex with him, but he forcibly held her down and penetrated her. Bussey was…

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