NC Marine and soldier sue to block army’s COVID-19 vaccine warrant

  • The COVID-19 vaccination order was issued on August 24.
  • The soldier is from Fort Bragg. The Marine is from New River Air Force Base.
  • They want their case to become a class action lawsuit.

FAYETTEVILLE, NC – A Fort Bragg soldier and Marine stationed at the New River Air Corps Air Force Base near the coast are suing the federal government in an attempt to bypass the Department’s COVID-19 vaccination mandate. defense.

The soldier and Marine also want their case to degenerate into a class action lawsuit to hire other soldiers as well as contractors from the Ministry of Defense.

The military have been receiving the COVID-19 vaccine since late last year, but injections did not become mandatory until August 24. It was at this point that Secretary of Defense Lloyd Austin ordered all staff to be vaccinated.

“The plaintiffs say the DoD cannot force them to be vaccinated against COVID-19 under existing military regulations, federal regulations, federal law and the United States Constitution,” reads a version of the lawsuit filed on September 24.

The lawsuit was originally filed on August 17 in Colorado U.S. District Court, and the September 24 version contains updates based on events that have taken place since August 17, such as Austin’s order of August 24.

According to their court documents, the plaintiffs are the army sergeant major. Daniel Robert, an infantryman at Fort Bragg and the Marine Sgt. Hollie Mulvihill, Air Traffic Controller at New River Air Station.

They are suing Austin and the US Department of Defense, the Department of Health and Human Services and its secretary, Xavier Becerra, and the Food and Drug Administration and its acting secretary, Janet Woodcock.

Video:Navy lieutenant talks about COVID-19 vaccine release at Camp Lejeune

Pictures taken in December:Marine Corps Air Station Cherry Point personnel receive Moderna COVID-19 vaccine

Their motives for prosecution

U.S. Navy HN Denisse Estrada-Suarez administers a COVID-19 vaccination to a Marine at Camp Lejeune in June.  Another Marine, from the nearby New River Air Station, is suing to prevent the military from enforcing an order requiring all personnel to be shot.

The lawsuit deals only with the Pfizer version of the vaccine and does not mention the COVID-19 vaccines made by Moderna and Johnson & Johnson.

He describes the Pfizer vaccine as “unauthorized”. The FDA officially approved the Pfizer vaccine on August 23. Previously, the vaccine was distributed under an emergency use authorization. Austin’s order states that only licensed vaccines will be used in the future.

Robert and Mulvihill’s records claim that they both fell ill with COVID-19 and recovered, and their natural immunity should be used in place of the vaccine. Austin’s order does not specifically exempt those who have previously been infected with COVID-19 from its mandate to be vaccinated.

On August 30, the plaintiffs asked the court to issue a temporary restraining order for the military to stop enforcing its vaccination requirements, saying 220,000 personnel who had fallen ill should not have to get vaccinated. They also alleged that the vaccine would harm them.

On September 1, a judge denied the request for a temporary restraining order. The soldier and Marine then filed documents on September 23 requesting a preliminary injunction to stop the vaccinations. Their request is pending.

A spokeswoman for the Department of Defense said the agency was not commenting on pending litigation and had referred the questions to the US Department of Justice. The USA Today Network submitted a request to the Justice Department through its media portal and by Friday afternoon was awaiting a response.

The order of the defense secretary

Army Maj. Nathan Wagner received a COVID-19 vaccine from Sgt.  Paula Smith at Fort Bragg in December.  Another soldier from Fort Bragg sues in an attempt to stop the military from requiring its personnel to get the shots.

Austin’s Aug. 24 order says vaccinations are necessary to ensure the military is fully capable of doing its job.

“To defend this nation, we need a healthy and ready force,” Austin said. “After careful consultation with medical experts and military leaders, and with the support of the President, I have determined that the mandatory vaccination against coronavirus disease 2019 (COVID-19) is necessary to protect the Force and defend the people American.

“Mandatory vaccinations are familiar to all of our Service members, and critical vaccination is almost as old as the US military itself,” Austin said.

The US military has approximately 1.35 million active-duty military personnel and 800,000 reservists, according to the US House Appropriations Committee.

The Department of Defense website states that Wednesday morning:

► 1.28 million military personnel have been fully vaccinated against COVID-19 and nearly 318,000 have been partially vaccinated.

► More than 244,000 staff have fallen ill from COVID-19 and 58 have died.

► Nearly 128,000 civilian employees, civil defense contractors and military dependents had been ill with COVID-19, including 457 deaths.

Fort Bragg, in and around Fayetteville in eastern North Carolina, is the largest military base in the United States in terms of population, typically with around 50,000 to 55,000 military personnel. It is home to well-known army units and several headquarters, including the 82nd Airborne Division, the United States Army Reserve Command, the United States Army Forces Command, and the Army Special Operations Command. American.

New River Air Station, near Camp Lejeune Marine Base outside of Jacksonville and near the North Carolina coast, has tiltrotor aircraft and helicopters with Marine Aircraft Group 26 and Marine Aircraft Group 29.

North Carolina senior reporter Paul Woolverton can be reached at 910-261-4710 and [email protected]

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