Complaint For Declaratory And Injunctive Relief: Sergeant Gary A. Stein

April 7, 2012 @

Plaintiff, Gary A. Stein (“STEIN”), through his undersigned counsel, brings this action against the above named defendants, in their official capacities, for declaratory and injunctive relief, alleging as follows:


1. This is an action for declaratory and injunctive relief to enjoin an imminent attempt to discharge a good Marine in retaliation for the proper exercise of his First Amendment rights. Though the First Amendment may operate differently in the military and civilian contexts, the military must still respect a service member’s freedom of speech. Sergeant Gary Stein has served with honor in the Marine Corps, and he has spoken on matters of public concern in his capacity as a private citizen. Taken in their full context, his statements are protected by the First Amendment to the United States Constitution, as interpreted and applied by both civilian and military courts. Nonetheless, Defendants are attempting to railroad him out of the Marine Corps, with an Other Than Honorable discharge, on extremely short notice, depriving Plaintiff of (a) his liberty without due process of law; (b) his right that Defendants comply with their own rules, regulations, and procedures; and (c) his rights of full American citizenship as promised by Department of Defense Directive 1344.10 (“DOD Directive 1344.10”). Defendants have left Plaintiff with no choice but to seek this Court’s intervention to prevent a grave injustice.

STEIN Complaint (pdf format)

6 Comments → “Complaint For Declaratory And Injunctive Relief: Sergeant Gary A. Stein”

  1. Dee

    7 years ago

    Many people believe obama is ineligible to be president. Do not punish this Marine for what he believes.

  2. akwarrior

    7 years ago

    I do not know if Obama is ineligible to be President or not. He is however not qualified to be the Commander In Chief Of Our Armed Forces..Example when do you expose a SEAL team and their families to a public announcement that they were responsible for a highly classified mission.

    This President has no common sense. There are many other things he has done that warrant impeachment, however since he is a democrat that will never happen.


  3. GranAnn

    7 years ago

    I have just recently read of this particular case. This Marine is being denied his rights which are protected by the Bill of Rights. Our military is fighting to protect our freedoms, some even dying for the cause. And yet this one is being denied his rights to defend himself. I see this as another step down the road to a Socialist state. Pray for this Marine.

  4. Nellie Austin

    7 years ago

    GO TO Go to the upper left search box and search for “Press Conferences of Sheriff Joe Arpaio, March 2012, Phoenix, AZ.
    You just can’t lose here! It tells all about the complete FRAUD & FORGERY in the released “long form birth certificate” of Barack Obama on April 27 2011. There are several videos. I believe the March 1, 2012 will help you the most to understand just what the Sheriff and his RETIRED VOLNTEER INVESTIGATORS are doing that helped them to find both FRAUD & FORGERY in both his birth certificate AND his Selective Service Registration September 29 1980. It’s a miracle from God Almighty, I believe, that these people had the privilege, etc. The Lord is in Control and He’s gong to work it all out when He KNOWS it’s the right time! (ECCLESIASTES 3:1-8).

    Have a really good day and save abiyt 1 hr. 30 minutes for the cause! Well worth every second!!!

    In Christ jesus,
    Nellie Austin


  5. Randy

    7 years ago

    Are you ever really able to act in a civilian capacity if you are in the military?

  6. tea4temecula

    7 years ago

    If this is the case then ALL troops need to be kept locked away from the public/civilians until they are no longer active. They need to be kept from voting or exercising any ability to free thought what so ever. Let’s all get real here, this is an act by an arrogant President during his reelection campaign and it has nothing to do with what this Marine said or thinks other than the fact that it added a negative influence on Obama’s campaign. Chicago politics at their finest.

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