Soldier Suing Army Going to Iraq
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WASHINGTON — A soldier who challenged an Army policy requiring him to serve past the date of his enlistment contract must return for duty in Iraq while his lawsuit is under review, a federal judge ruled Wednesday.
U.S. District Judge Royce Lamberth refused to issue a temporary restraining order allowing Spc. David Qualls to remain in the United States, where he is home on leave. He is scheduled to fly to Iraq on Friday.
“It appears to me the extension was legally proper,” Lamberth said during the hourlong hearing. “I find no likelihood of success on the merits.”
Qualls, 35, is one of eight soldiers challenging the “stop-loss” policy that lets the Army extend enlistments during war or national emergencies to promote continuity and cohesiveness on the battlefield.
The lawsuit contends the enlistment contracts are misleading because they make no explicit reference to the stop-loss policy.
The soldiers also say no one told them they could be kept in the service beyond their discharge date.
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