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Steffan v. Cheney

United States District Court for the District of Columbia Circuit

920 F.2d 74 (D.C. Cir. 1990)

Relevant factsFree

Steffan (plaintiff), a Naval Academy student nearing graduation, told a superior he was homosexual. He was never accused of homosexual conduct, but the Academy recommended his discharge and he resigned. He sued, alleging constructive discharge and challenging the constitutionality of the regulation authorizing discharge of homosexuals, naming then-Secretary of Defense Cheney (defendant). During discovery, Steffan refused to answer deposition questions about whether he had engaged in homosexual conduct, viewing them as irrelevant to the legality of his separation. The district court dismissed his case for failing to comply with its discovery order, and he appealed.

IssueFree

Whether a court reviewing an administrative discharge based solely on a statement of homosexual identity may properly compel discovery into the plaintiff's actual sexual conduct.

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