Skip to main content
The Web    CNN.com      Powered by
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
SERVICES
 
 
 
 
 
 
 
SEARCH
Web CNN.com
powered by Yahoo!
Law
Iraq Banner

Soldier who sued not required to report for duty

From Susan Chun
CNN


YOUR E-MAIL ALERTS
U.S. Army
Iraq
Trials
Justice and Rights

NEW YORK (CNN) -- The U.S. Army captain who filed an injunction to block his deployment to Iraq will not have to report for duty Monday, and the military has one week to decide whether to approve his resignation.

Capt. Jay Ferriola, 31, appeared in court for an emergency hearing Sunday to decide his fate. Ferriola says he resigned from the Army Reserve in June after eight years of service, including four years of active duty.

Ferriola received orders last week to report for active duty with the 306th Military Police Battalion in Uniondale, New York. The lawsuit says the unit will serve in Iraq for a year and a half on a "dangerous mission in Iraq."

Ferriola filed a lawsuit against the government, claiming lack of due process, involuntary servitude and breach of contract.

Assistant U.S. Attorney Judd Lawler asked the court to delay action until the Army can decide if it will approve Ferriola's resignation. U.S. District Judge Robert Sweet agreed to hold the next hearing November 1.

According to his lawyer, Barry Slotnick, Ferriola decided he did not want a career in the military and wanted to pursue opportunities in civilian life.

The lawsuit acknowledges Ferriola never received a response from the Army on his resignation, but he was told to turn in his equipment.

Ferriola would not speak to reporters after the hearing, but Slotnick said he was "optimistic" the Army would approve the resignation.


Story Tools
Subscribe to Time for $1.99 cover
Top Stories
CNN/Money: Ex-Tyco CEO found guilty
Top Stories
CNN/Money: Security alert issued for 40 million credit cards

City:

International Edition
CNN TV CNN International Headline News Transcripts Advertise With Us About Us
SEARCH
   The Web    CNN.com     
Powered by
© 2005 Cable News Network LP, LLLP.
A Time Warner Company. All Rights Reserved.
Terms under which this service is provided to you.
Read our privacy guidelines. Contact us.
external link
All external sites will open in a new browser.
CNN.com does not endorse external sites.
 Premium content icon Denotes premium content.
Add RSS headlines.