Ex-Reservist Sues Government

From Reuters

An Army Reserve captain who resigned in June after completing his agreed-upon term of service sued the government Friday for trying to force him to return to active duty in Iraq.

Jay Ferriola, 31, filed suit in Manhattan federal court seeking an injunction blocking the Army from enforcing an order returning him to active duty Monday. The case names Secretary of Defense Donald H. Rumsfeld and others as defendants.

The suit charges that the Army’s order, dated Oct. 8, violates Ferriola’s constitutional rights against “involuntary servitude” and is a breach of his contract with the military. An emergency hearing was set for Sunday.


A spokesman for the Manhattan U.S. attorney’s office had no immediate comment.

The suit said Ferriola was ordered to serve 545 days for the purpose of “Mobilization for Iraqi Freedom.”

Barry Slotnick, Ferriola’s lawyer, issued a statement calling the Army’s order an illegal “back-door” draft.