HARKINS v. THE UNITED STATES OF AMERICA
1:23-cv-01238

Plaintiffs Christopher Harkins, Carrie Gagnon, Mark Byrd, Shane Nolan, Matt Powers, Aaron Gutierrez and Dan Morrissey on behalf of themselves and a class of similarly situated persons, bring this class action against Defendant United States of America (the “Government”) and allege as follows upon personal knowledge as to themselves and their own acts and experiences, and, as to all other matters, upon reasonable information and belief, including investigation conducted by their attorneys.

This is a military class action for backpay along with necessary ancillary relief for reinstatement, and/or points, and other relief for current and former members of the Coast Guard on active duty and in the reserves (“Active-Duty and Reserve Coast Guard Members”) who were discharged, constructively discharged, and/or separated, and denied pay and benefits as a consequence of not being “fully vaccinated” pursuant to Department of Defense (“DoD”) Secretary Lloyd Austin, III’s unlawful August 24, 2021 COVID-19 vaccine mandate and subsequent orders implementing the mandate (“DoD Mandate”). See Ex. 1, Aug. 24, 2021 SECDEF Mandate Memo.

Harkins v. United States (Active-Duty and Reserve). Harkins is a class action filed on behalf of the active-duty and reserve Coast Guard members who were involuntarily discharged due to their unvaccinated status, as well as any other Coast Guard members who were forced into early retirement or were constructively discharged due to their vaccination status.

Harkins includes all former members of the Coast Guard when discharged, Active or Reserve component.

ECF 1: Complaint Harkins v. The United States of America

ECF 7: Motion to Dismiss Amended Complaint

ECF 8: Response to Motion to Dismiss