Eunique v. Powell
United States Court of Appeals for the Ninth Circuit
302 F.3d 971 (9th Cir. 2002)
Eudene Eunique (plaintiff) got divorced and was ordered to pay child support. Eunique did not pay the ordered support and was in arrears in an amount over $20,000. Eunique applied for a passport to travel internationally for pleasure, but the U.S. Secretary of State (defendant) denied her application on account of her substantial arrearage in child-support payments. Eunique brought suit against the United States government, arguing that the denial of the passport for reasons of failure to pay child support violated her constitutional right to travel internationally. The district court granted summary judgment to the government. Eunique appealed.
Rule of Law
Holding and Reasoning (Fernandez, J.)
Dissent (Kleinfeld, J.)
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