William James Coffman v. State of Michigan & Michigan Army Nat'l Guard, United States Dep't of the Army, 120 F.3d 57 (6th Cir. 1997). · Go Syfert
William James Coffman v. State of Michigan & Michigan Army Nat'l Guard, United States Dep't of the Army, 120 F.3d 57 (6th Cir. 1997). Cases Citing This Book View Copy Cite
35 citation events (32 in the last 25 years) across 16 distinct courts.
Treatment trajectory · 2000 → 2026 · click a year to view as-of
2000 2013 2026
Top citers, strongest first. 18 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Bowers v. Wynne (4×) also: Cited as authority (rule)
6th Cir. · 2010 · signal: see · quote attribution · 2 verbatim quotes · confidence high
consistent with the reasoning in chappell , courts of appeals have consistently refused to extend statutory remedies available to civilians to uniformed members of the armed forces absent a clear direction from congress to do so.
discussed Cited as authority (rule) Dollah v. Secretary of Defense
S.D.N.Y. · 2025 · confidence medium
See Baldwin v. United States Army, 223 F.3d 100, 101 (2d Cir. 2000) (uniformed members of the armed forces barred from asserting claims under Title VII, ADA, or Age Discrimination in Employment Act); Coffman v. State of Michigan, 120 F.3d 57, 59 (6th Cir. 1997) (cited with approval in Baldwin and stating that Rehabilitation Act does not apply to uniformed members of the armed forces); Smith v. Christian, 763 F.2d 1322, 1325 (11th Cir. 1985) (Rehabilitation Act does not apply to applicant for position in Naval Reserve).
discussed Cited as authority (rule) Gary Jackson v. Thomas Modly
D.C. Cir. · 2020 · confidence medium
See, e.g., Brown v. United States, 227 F.3d 295, 299 (5th Cir. 2000); Coffman v. Michigan, 120 F.3d 57, 59 (6th Cir. 1997); Randall v. United States, 95 F.3d 339, 343 (4th Cir. 1996); Stinson v. Hornsby, 821 F.2d 1537, 1539 (11th Cir. 1987), cert. denied, 488 U.S. 959 (1988); Roper v. Dep’t of the Army, 832 F.2d 247, 248 (2d Cir. 1987); Salazar v. Heckler, 787 F.2d 527, 530 (10th Cir. 1986); Gonzalez v. Dep’t of the Army, 718 F.2d 926 , 928–29 (9th Cir. 1983); Johnson v. Alexander, 572 F.2d 1219 , 1224 (8th Cir.), cert. denied 439 U.S. 986 (1978). 7 With this unanimous precedent from our…
discussed Cited as authority (rule) Nieves v. McHugh
E.D.N.C. · 2015 · confidence medium
Compl. ¶¶ 35-38. “[Cjourts of appeals have consistently refused to extend statutory remedies available to civilians to uniformed members of the armed forces absent a clear direction from Congress to do so.” Coffman v. Michigan, 120 F.3d 57, 58-59 (6th Cir. 1997) (affirming a district court’s ruling that an officer could not sue the Army under the Rehabilitation Act after he was involuntary discharged for his repeated failure to meet fitness standards).
discussed Cited as authority (rule) Pérez v. Puerto Rico National Guard
D.P.R. · 2013 · confidence medium
Consequently, “[u]niformed members of the armed forces have no remedy under Title VII of the Civil Rights Act of 1964.” Coffman v. Mich., 120 F.3d 57, 59 (6th Cir.1997) (holding that officer in the Army could not bring claims under the Americans with Disabilities Act, the Rehabilitation Act, or state law).
discussed Cited as authority (rule) Kise v. Department of Military (2×)
Pa. · 2003 · signal: cf. · confidence medium
Accord Bradley v. Stump, 971 F.Supp. 1149, 1155 (W.D.Mich.1997), aff'd 1998 WL 385903 , 149 F.3d 1182 (6th Cir. Jul. 1, 1998) (table); cf. Coffman v. Michigan, 120 F.3d 57, 58 (6th Cir.1997) (noting that state law remedies are not available to service members challenging internal military discipline decisions); Hazelton v. State Personnel Comm'n, 178 Wis.2d 776 , 505 N.W.2d 793, 800-01 (Wis.Ct.App.1993) (holding that enforcement of a state employment discrimination law in the National Guard arena was preempted by federal law).
cited Cited as authority (rule) Jones v. Crittenden
Ky. · 2002 · confidence medium
Coffman v. State of Michigan, 120 F.3d 57, 59 (6th Cir.1997). .
cited Cited as authority (rule) Moore v. Pennsylvania Department of Military & Veterans Affairs
E.D. Pa. · 2002 · confidence medium
Coffman v. State of Michigan, 120 F.3d 57, 58-59 (6th Cir.1997).
cited Cited as authority (rule) Weaver v. Tennessee Army National Guard
6th Cir. · 2002 · confidence medium
See id. at 443-44 ; Coffman v. Michigan, 120 F.3d 57, 59 (6th Cir.1997).
discussed Cited as authority (rule) Golding v. United States
Fed. Cl. · 2001 · confidence medium
The United States Court of Appeals for the Sixth Circuit, in Coffman v. Michigan, agreed with the Eleventh Circuit that the rationale of courts refusing to extend the protections afforded to civilian members of military departments under Title VII to uniformed members of the armed forces was equally applicable to the Rehabilitation Act, and that “claims under the Rehabilitation Act may not be asserted by uniformed members of the armed forces.” Coffman v. Michigan, 120 F.3d 57, 59 (6th Cir.1997) (citing Doe v. Garrett, 903 F.2d 1455, 1458-62 (11th Cir.1990), cert. denied, 499 U.S. 904 , 111…
discussed Cited as authority (rule) Philip B. Baldwin v. United States Army (2×) also: Cited "see"
2d Cir. · 2000 · confidence medium
Following this reasoning, “courts of appeals have consistently refused to extend statutory remedies available to civilians to uniformed members of the armed forces absent a clear direction from Congress to do so.” Coffman v. State of Michigan, 120 F.3d 57, 59 (6th Cir.1997).
cited Cited "see" Pohorecki v. Anthony Wayne Local School District
N.D. Ohio · 2009 · signal: see · confidence high
See Coffman v. Michigan, 120 F.3d 57, 59 (6th Cir.1997).
discussed Cited "see, e.g." Daniel v. Hagel
E.D. Mich. · 2014 · signal: see also · confidence medium
See Stencel Aero Eng’g Corp. v. United States, 431 U.S. 666 , 667 n. 1, 673-74, 97 S.Ct. 2054 , 52 L.Ed.2d 665 (1977) (applying Feres to block a third-party indemnity claim against the United States over the death of a National Guard officer); see also Coffman v. State of Michigan, 120 F.3d 57, 58-59 (6th Cir.1997);(holding National Guardsman’s ADA and Rehabilitation Act claims non-justiciable); Taylor v. Jones, 653 F.2d 1193, 1200 (8th Cir.1981) (barring National Guard members claim that she was demoted due to racial discrimination); Stinson v. Hornsby, 821 F.2d 1537, 1541 (11th Cir.1987)…
discussed Cited "see, e.g." Chen-Li Sung v. Doyle
D. Haw. · 2013 · signal: see, e.g. · confidence medium
See, e.g., Coffman v. Michigan, 120 F.3d 57, 59 (6th Cir.1997) (“[C]laims under the Rehabilitation Act [and the ADA] may not be asserted by uniformed members of the armed forces.”); Doe v. Garrett, 903 F.2d 1455, 1462 (11th Cir.1990) (holding that uniformed military personnel have “no remedy under the Rehabilitation Act”); Smith v. Christian, 763 F.2d 1322, 1325 (11th Cir.1985) (reasoning that the Rehabilitation Act did not override the Navy’s countervailing statutory authority to prescribe physical qualifications for sailors); see also 42 U.S.C. § 12111 (5)(B)(i) (providing under t…
discussed Cited "see, e.g." Verbeck v. United States
Fed. Cl. · 2009 · signal: see also · confidence medium
In interpreting the scope of this statute, courts have consistently found that “uniformed members of the armed services are ... barred from bringing claims under the A[mericans with] Disabilities] A[ct].” Baldwin v. United States Army, 223 F.3d 100, 101 (2d Cir.2000); see also Coffman v. State of Mich., 120 F.3d 57, 59 (6th Cir.1997).
discussed Cited "see, e.g." Matreale v. NJ Dept Military
3rd Cir. · 2007 · signal: see also · confidence low
Jaffee, 663 F.2d at 1239 ; see also Coffman v. State of Michigan, 120 F.3d 57 (6th Cir. 1997) (statutory remedies under Michigan Handicapper’s Civil Rights Act are not available to uniformed 13 members of the armed forces including National Guard members).
discussed Cited "see, e.g." Major Frank Matreale v. State of New Jersey Department of Military & Veterans Affairs National Guard of the United States (2×)
3rd Cir. · 2007 · signal: see also · confidence low
Jaffee, 663 F.2d at 1239 ; see also Coffman v. State of Michigan, 120 F.3d 57 (6th Cir.1997) (statutory remedies under Michigan Handicapper’s Civil Rights Act are not available to uniformed members of the armed forces including National Guard members).
discussed Cited "see, e.g." Cummings v. Department of the Navy (2×)
D.C. Cir. · 2002 · signal: see also · confidence medium
The unique setting of the military led the Feres Court to resist bringing the armed services within the coverage of a remedial statute in the absence of an express Congressional command. 27 Bois v. Marsh, 801 F.2d 462 , 469 n. 13 (D.C.Cir.1986) (emphasis added); see also Coffman v. State of Michigan, 120 F.3d 57, 59 (6th Cir.1997) (holding that ADA and Rehabilitation Act do not apply to the military absent a " clear direction " from Congress (emphasis added)); Roper v. Department of Army, 832 F.2d 247, 248 (2d Cir.1987) (holding that in the "absence of some express indication" from Congress, T…
Retrieving the full opinion text from the archive…
William James COFFMAN, Plaintiff-Appellant,
v.
STATE OF MICHIGAN and Michigan Army National Guard, Defendants-Appellees, United States Department of the Army, Defendant
95-2316.
Court of Appeals for the Sixth Circuit.
Jul 14, 1997.
120 F.3d 57
Lance A. Fertig (argued and briefed), L.A. Fertig & Associates, Owosso, MI, for Plaintiff-Appellant., John S. Mackey (argued and briefed), Office of the Attorney General Public Employment & Elections Division, Lansing, MI, for Defendants-Appellee.
Kennedy, Contie, Norris.
Cited by 27 opinions  |  Published

OPINION

ALAN E. NORRIS, Circuit Judge.

Plaintiff, William Coffman, was an officer in the United States Army from 1979 until his discharge in 1993. Coffman, then a major in the Active Guard Reserve program (“AGR”), was involuntarily released from military service on March 19, 1993 for his repeated failure to complete a two-mile run in the time required by Army fitness standards. He challenged his dismissal before the Army Board for Correction of Military Records, which may review any military record “to correct error or remove an injustice.” 10 U.S.C. § 1552(a). The Board determined that Coffman “failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.”

While his claim before the Board was pending, Coffman also filed suit in a Michigan court, alleging that his termination was unlawfully premised upon a disability. On May 25, 1994, the Michigan court dismissed his claim. Coffman subsequently filed suit in federal court alleging discrimination based upon disability [1] in violation of the Americans With Disabilities Act, Title V of the Rehabilitation Act, and the Michigan Handieapper’s Civil Rights Act. [2] The district court granted summary judgment in favor of defendants, concluding that the handicap discrimination claims were barred by the doctrine of res judicata given the prior proceedings in the Michigan court and that, even if the doctrine of res judicata did not bar these claims, Coffman still would be unable to prevail since these statutory remedies are not available to uniformed members of the armed forces. See Coffman v. Michigan, 914 F.Supp. 172 (W.D.Mich.1995). The district court was correct in ruling that the statutory remedies sought by Coffman are not avail[*59] able to uniformed members of the armed forces, and we affirm the district court’s grant of summary judgment in favor of defendants on that basis.

In Chappell v. Wallace, 462 U.S. 296, 103 S.Ct. 2362, 76 L.Ed.2d 586 (1983), the Supreme Court held that soldiers who claimed they had been the victims of racial discrimination in violation of their constitutional rights could not bring a suit for damages in civilian court under the doctrine of Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971), against their superiors. “The special status of the military has required, the Constitution has contemplated, Congress has created, and this court has long recognized two systems of justice, to some extent parallel: one for civilians and one for military personnel.” Chappell, 462 U.S. at 303-04, 103 S.Ct. at 2367. The Court noted that Congress has plenary authority over the military, and has exercised that authority to establish statutes regulating military life and to provide for a comprehensive internal system of justice. That system provides for the review and remedy of complaints and grievances of uniformed members of the armed forces. Id. at 301-03, 103 S.Ct. at 2366-67. Since Congress, in the exercise of its plenary authority over military life, did not provide for a Bivens-type remedy for uniformed members of the armed forces, it would be inappropriate for the judicial branch of government to extend such a remedy to them. Id. at 304, 103 S.Ct. at 2368.

Consistent with the reasoning in Chappell, courts of appeals have consistently refused to extend statutory remedies available to civilians to uniformed members of the armed forces absent a clear direction from Congress to do so. Thus, uniformed members of the armed forces have no remedy under Title VII of the Civil Rights Act of 1964. See, e.g., Stinson v. Hornsby, 821 F.2d 1537 (11th Cir.1987); Roper v. Department of the Army, 832 F.2d 247 (2d Cir.1987); Gonzalez v. Department of the Army, 718 F.2d 926 (9th Cir.1983); Johnson v. Alexander, 572 F.2d 1219 (8th Cir.1978). The same rationale supports the ruling of the Court of Appeals for the Eleventh Circuit that claims under the Rehabilitation Act may not be asserted by uniformed members of the armed forces. See Doe v. Garrett, 903 F.2d 1455 (11th Cir.1990). Likewise, neither the Americans with Disabilities Act, see 42 U.S.C. § 1201 et seq., nor the Michigan Handicapper’s Civil Rights Act, see M.C.L.A. § 37.1101 et seq., purport to extend their remedies to uniformed members of the armed forces. Since neither the acts relied upon by Coffman, nor any other act of Congress, provide a remedy for discrimination based upon disability to uniformed members of the armed forces, his claims related to his termination from military service must fail.

The judgment of the district court is affirmed.

1

. Coffman claimed that he was disabled because he suffered from an ulcer, which caused him to curtail his physical activities. The weight gain which resulted prevented him from meeting the Army's physical fitness standard. He claimed that the AGR failed to reasonably accommodate his disability by refusing to give him "one more opportunity to pass his physical fitness test.”

2

. A second count in Coffman's complaint alleged that he was deprived of his right to due process under the Fourteenth Amendment to the United States Constitution. Since Coffman does not raise this issue on appeal, it is abandoned and will not be considered by this court. See Ener-tech Elec., Inc. v. Mahoning County Comm’rs, 85 F.3d 257, 259 (6th Cir.1996). Coffman also raises for the first time on appeal claims based upon contract law. Since these issues were not raised in the district court, they will not be considered by this court. See id. at 261.