Carl J. Mollnow v. Paul K. Carlton

Mollnow, a former officer and pilot in the United States Air Force and Air Force Re serve, appeals the dismissal of his complaint against fellow military officers. The complaint alleged that Mollnow repeatedly identified and submitted reports concerning unsafe conditions and policies in the operation of heavy jet aircraft. His suggestions were ignored. According to the complaint, an aircraft subsequently crashed in precisely the manner Mollnow had predicted, creating an embarrassing situation for his superiors. The remainder of the complaint alleges an elaborate conspiracy to have Mollnow removed from flight duty and ultimately from the service. The conspiracy allegedly included suppression of Mollnow’s reports and imprisonment in a psychiatric ward to prevent him from testifying about the crash. Mollnow was also allegedly prevented from seeking redress under the Uniform Code of Military Justice (“UCMJ”) because his commanding officers refused to act on his grievances.

The complaint sought damages for direct constitutional violations under Bivens v. Six Unknown Named Agents, 403 U.S. 388 , 91 S.Ct. 1999 , 29 L.Ed.2d 619 (1971), for violations of 42 U.S.C. §§ 1985 and 1986, and…