Robert M. Pagano v. Samuel A. Martin and Howard E. Miniter, Jr.

Fourth Circuit

Robert M. Pagano v. Samuel A. Martin and Howard E. Miniter, Jr.

397 F.2d 620, 1968 U.S. App. LEXIS 6262

CourtCourt of Appeals for the Fourth Circuit

DecidedJuly 1, 1968

Docket12234_1

StatusPublished

Cited by10 cases

This text of 397 F.2d 620 (Robert M. Pagano v. Samuel A. Martin and Howard E. Miniter, Jr.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Robert M. Pagano v. Samuel A. Martin and Howard E. Miniter, Jr., 397 F.2d 620, 1968 U.S. App. LEXIS 6262 (4th Cir. 1968).

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Opinion

PER CURIAM:

In this libel action, Robert M. Pagano, a Radarman First Class in the United States Navy, claims damages from his superior officers, Commander Samuel A. Martin and Lieutenant-Commander Howard E. Miniter, Jr., who were respectively the commanding officer and executive officer of the USS Robert A. Owens, the plaintiff’s ship. The alleged defamation appears in a Report of Enlisted Performance Evaluation issued on February 2, 1967 by the defendants upon Pagano’s detachment from the Owens. In substance it downgraded him sharply and recommended he not be re-enlisted in the future. Dismissal of the complaint was ordered by the District Court on defendants’ motion for summary judgment, 275 F.Supp. 498, and Pagano appeals.

We affirm. The report authorized by the Bureau of Naval Personnel Manual, was made by the defendant officers as part of their official duties. With the trial court, we think the suit, as a matter of law, cannot be maintained. Barr v. Matteo, 360 U.S. 564, 79 S.Ct. 1335, 3 L.Ed.2d 1434 (1959); Feres v. United States, 340 U.S. 135, 71 S.Ct. 153, 95 L.Ed. 152 (1950).

Affirmed.

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PER CURIAM:

In this libel action, Robert M. Pagano, a Radarman First Class in the United States Navy, claims damages from his superior officers, Commander Samuel A. Martin and Lieutenant-Commander Howard E. Miniter, Jr., who were respectively the commanding officer and executive officer of the USS Robert A. Owens, the plaintiff’s ship. The alleged defamation appears in a Report of Enlisted Performance Evaluation issued on February 2, 1967 by the defendants upon Pagano’s detachment from the Owens. In substance it downgraded him sharply and recommended he not be re-enlisted in the future. Dismissal of the complaint was ordered by the District Court on defendants’ motion for summary judgment, 275 F.Supp. 498, and Pagano appeals.

We affirm. The report authorized by the Bureau of Naval Personnel Manual, was made by the defendant officers as part of their official duties. With the trial court, we think the suit, as a matter of law, cannot be maintained. Barr v. Matteo, 360 U.S. 564, 79 S.Ct. 1335, 3 L.Ed.2d 1434 (1959); Feres v. United States, 340 U.S. 135, 71 S.Ct. 153, 95 L.Ed. 152 (1950).

Affirmed.

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413 F.2d 175 (Eighth Circuit, 1969)

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413 F.2d 175 (Eighth Circuit, 1969)

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298 F. Supp. 778 (D. South Carolina, 1969)

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397 F.2d 620, 1968 U.S. App. LEXIS 6262, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robert-m-pagano-v-samuel-a-martin-and-howard-e-miniter-jr-ca4-1968.

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