Donald R. Newland v. John H. Dalton, Secretary of the Navy

In June of 1991, Newland was arrested after attempting to fire an assault rifle at individuals in a bar. At the time he was a civilian employee of the United States Navy, working as a utilities systems repair operator at the United States Marine Corps Air Ground Combat . Center in Twenty Nine Palms, California. On September 27, 1991, the Navy terminated Newland’s employment for “notoriously disgraceful conduct.”

Newland filed a complaint in the district court on December 16, 1993, alleging that because he is an alcoholic his dismissal violated the Rehabilitation Act of 1973, 29 U.S.C, §§ 791, 794, and regulations of the Equal Employment Opportunity Commission. Seeking reinstatement, he argues that what he describes as a- “drunken rampage” was the direct result of his alcoholism.

The Navy moved for a dismissal for failure to state a claim. A hearing on the motion was scheduled for May 16, 1994. Newland filed his opposition to the motion to dismiss on April 21, 1994. On April 24, 1994, the district court granted the motion to dismiss and issued a separate order dismissing the action without prejudice. Five days later, on April 29, Newland filed an amended complaint…