BROOKLYN, N.Y. (Legal Newsline) - Six plaintiffs filed a federal class action lawsuit on Nov. 19 in the Eastern District of New York against the United States Merchant Marine Academy, Superintendent Joachim Buono, the United States Maritime Administration and the United States Department of Transportation. The lawsuit alleges violation of the Due Process Clause of the U.S. Constitution.
According to the complaint, the plaintiffs are plebes and midshipmen at the academy who are at risk of losing the right to pursue professions in the military and merchant marine under the Department of Defense policy incorporated by a Navy order that requires all students to be fully vaccinated by Dec. 28, 2021.
The mandate does not offer an opt-out through mask-wearing, temperature checks, weekly testing with FDA-approved tests, or if students have already developed antibodies following exposure to a COVID-19 infection. Defendants have threatened that third- and fourth-year Midshipmen be disenrolled and at liability for full value of tuition which totals up to $260,000.
Plaintiffs are represented by Mark J. Fonte of F&G Legal Group of Staten Island.
District Court of Eastern New York case number 2:21-cv-06443-JMA-JMW