Articles Posted in Military Law

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Plaintiff, a member of the Rhode Island National Guard, was hired by the Department of Corrections (DOC) in 1988. In 2000, Plaintiff left his full-time employment at the DOC to report for active duty with the National Guard. Plaintiff returned to the DOC after having been on military leave for six years. In 2003, Plaintiff filed a declaratory judgment action against the DOC, contending that he was subjected to discrimination based on his military status when the DOC denied him promotion on three separate occasions during the six-year period when he was on military leave. The superior court entered judgment in favor of the DOC. The Supreme Court affirmed, holding (1) the trial justice did not err in denying Plaintiff’s claim for a declaratory judgment where Plaintiff failed to show that his military status or resulting unavailability was a substantial or motivating factor in the DOC’s repeated decisions not to promote him; and (2) the trial justice did not overlook or misconceive relevant and material evidence in the case. View "Panarello v. State, Dep’t of Corr." on Justia Law