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Doe v. U.S. Merchant Marine Acad.

Midshipman Not Reinstated; Disciplinary Hearing Complied With Rules, Process Sufficient

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MEMORANDUM AND ORDER

*1  Plaintiff John Doe (“plaintiff”) brings the instant action against defendants United States Merchant Marine Academy (the “Academy”), James A. Helis, individually and in his capacity as Superintendent of the Academy, the United States Department of Transportation, and the United States of America (collectively, “defendants” or the “government”). Plaintiff claims that defendants improperly and unlawfully suspended him as a result of an unfavorable determination at a hearing at the Academy (the “Hearing”), thereby barring him from completing his final term and graduating with his class. Plaintiff claims that his Hearing and suspension violated the Academy’s own rules under the Administrative Procedure Act (the “APA”), and violated the Due Process Clause of the Fifth Amendment. Plaintiff argues that he is, therefore, entitled to equitable and injunctive relief,1 as well as compensatory and punitive damages. Plaintiff now seeks a preliminary injunction that would compel the Academy to immediately reinstate plaintiff, permitting him to complete his third-term courses, sit for his licensing examination, and attend the Class of 2018 graduation ceremony.For the reasons set forth below, the Court concludes that plaintiff has failed to demonstrate a likelihood of success on his APA claim, or on his claim that defendants

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