Case: Bakken v. United States Military Academy

7:25-cv-07826 | U.S. District Court for the Southern District of New York

Filed Date: Sept. 22, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

On September 22, 2025, Plaintiff filed this lawsuit in the Southern District of New York against the U.S. Military Academy (USMA, "West Point") and several officials in their official capacities to challenge the Dean’s Policy & Operating Memorandum No. 03-24 (“DPOM 03-24”), issued Feb. 2025, requiring prior approval from department heads for faculty to speak or publish externally using USMA affiliation. This memorandum was issued in the wake of Executive Order 14185, Restoring America’s Fightin…

On September 22, 2025, Plaintiff filed this lawsuit in the Southern District of New York against the U.S. Military Academy (USMA, "West Point") and several officials in their official capacities to challenge the Dean’s Policy & Operating Memorandum No. 03-24 (“DPOM 03-24”), issued Feb. 2025, requiring prior approval from department heads for faculty to speak or publish externally using USMA affiliation. This memorandum was issued in the wake of Executive Order 14185, Restoring America’s Fighting Force, in January 2025.

Plaintiff, a civilian professor of law at West Point and the longest-serving law professor in Academy history, alleged the memorandum violated the First Amendment by creating a prior restraint on speech that was content-based and viewpoint-discriminatory, and that it infringed on academic freedom and discussion in class. Filing as a proposed putative class, plaintiff sought declaratory judgment that DPOM 03-24 is unconstitutional and injunction preventing its enforcement.

This case is ongoing.

Summary Authors

Jack Moore (10/11/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/71415358/parties/bakken-v-united-states-military-academy/


Judge(s)

Seibel, Cathy (New York)

Attorney for Plaintiff

Bergstein, Stephen (New York)

Goldman, Jonathan Robert (New York)

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Documents in the Clearinghouse

Document
1

7:25-cv-07826

Complaint

Bakken v. United States Military Academy et al.

Sept. 22, 2025

Sept. 22, 2025

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/71415358/bakken-v-united-states-military-academy/

Last updated Oct. 23, 2025, 10:46 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Col. Joshua Berry, Lt. Col. Caitlin Chiramonte, Lt. General Steven W. Gilland, Brigadier General Shane R. Reeves, United States Military Academy, Col. Krista Watts, Col. Winston Williams. (Filing Fee $ 405.00, Receipt Number ANYSDC-31743670)Document filed by Tim Bakken..(Goldman, Jonathan) (Entered: 09/22/2025)

Sept. 22, 2025

Sept. 22, 2025

Clearinghouse
10

NOTICE OF APPEARANCE by Stephen Bergstein on behalf of Tim Bakken..(Bergstein, Stephen) (Entered: 09/22/2025)

Sept. 22, 2025

Sept. 22, 2025

PACER
11

Amended Complaint

Sept. 22, 2025

Sept. 22, 2025

PACER
2

CIVIL COVER SHEET filed..(Goldman, Jonathan) (Entered: 09/22/2025)

Sept. 22, 2025

Sept. 22, 2025

PACER
3

REQUEST FOR ISSUANCE OF SUMMONS as to United States Military Academy, re: 1 Complaint,. Document filed by Tim Bakken..(Goldman, Jonathan) (Entered: 09/22/2025)

Sept. 22, 2025

Sept. 22, 2025

PACER
4

REQUEST FOR ISSUANCE OF SUMMONS as to Lt. General Steven W. Gilland, re: 1 Complaint,. Document filed by Tim Bakken..(Goldman, Jonathan) (Entered: 09/22/2025)

Sept. 22, 2025

Sept. 22, 2025

PACER
5

REQUEST FOR ISSUANCE OF SUMMONS as to Brigadier General Shane R. Reeves, re: 1 Complaint,. Document filed by Tim Bakken..(Goldman, Jonathan) (Entered: 09/22/2025)

Sept. 22, 2025

Sept. 22, 2025

PACER
6

REQUEST FOR ISSUANCE OF SUMMONS as to Col. Krista Watts, re: 1 Complaint,. Document filed by Tim Bakken..(Goldman, Jonathan) (Entered: 09/22/2025)

Sept. 22, 2025

Sept. 22, 2025

PACER
7

REQUEST FOR ISSUANCE OF SUMMONS as to Col. Winston Williams, re: 1 Complaint,. Document filed by Tim Bakken..(Goldman, Jonathan) (Entered: 09/22/2025)

Sept. 22, 2025

Sept. 22, 2025

PACER
8

REQUEST FOR ISSUANCE OF SUMMONS as to Col. Joshua Berry, re: 1 Complaint,. Document filed by Tim Bakken..(Goldman, Jonathan) (Entered: 09/22/2025)

Sept. 22, 2025

Sept. 22, 2025

PACER
9

REQUEST FOR ISSUANCE OF SUMMONS as to Lt. Col. Caitlin Chiramonte, re: 1 Complaint,. Document filed by Tim Bakken..(Goldman, Jonathan) (Entered: 09/22/2025)

Sept. 22, 2025

Sept. 22, 2025

PACER
12

FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to United States Military Academy, re: 11 Amended Complaint. Document filed by Tim Bakken. (Goldman, Jonathan) Modified on 9/24/2025 (sj). (Entered: 09/23/2025)

Sept. 23, 2025

Sept. 23, 2025

PACER
13

FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Lt. General Steven W. Gilland, re: 11 Amended Complaint. Document filed by Tim Bakken. (Goldman, Jonathan) Modified on 9/24/2025 (sj). (Entered: 09/23/2025)

Sept. 23, 2025

Sept. 23, 2025

PACER
14

FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Brigadier General Shane R. Reeves, re: 11 Amended Complaint. Document filed by Tim Bakken. (Goldman, Jonathan) Modified on 9/24/2025 (sj). (Entered: 09/23/2025)

Sept. 23, 2025

Sept. 23, 2025

PACER
15

FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Col. Krista Watts, re: 11 Amended Complaint. Document filed by Tim Bakken. (Goldman, Jonathan) Modified on 9/24/2025 (sj). (Entered: 09/23/2025)

Sept. 23, 2025

Sept. 23, 2025

PACER
16

FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Col. Winston Williams, re: 11 Amended Complaint. Document filed by Tim Bakken. (Goldman, Jonathan) Modified on 9/24/2025 (sj). (Entered: 09/23/2025)

Sept. 23, 2025

Sept. 23, 2025

PACER
17

FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Col. Joshua Berry, re: 11 Amended Complaint. Document filed by Tim Bakken. (Goldman, Jonathan) Modified on 9/24/2025 (sj). (Entered: 09/23/2025)

Sept. 23, 2025

Sept. 23, 2025

PACER
18

FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Lt. Col. Caitlin Chiramonte, re: 11 Amended Complaint. Document filed by Tim Bakken. (Goldman, Jonathan) Modified on 9/24/2025 (sj). (Entered: 09/23/2025)

Sept. 23, 2025

Sept. 23, 2025

PACER

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Jonathan Robert Goldman. The party information for the following party/parties has been modified: Lt. Col. Caitlin Chiramonte, Tim Bakken. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text was omitted. (vf)

Sept. 23, 2025

Sept. 23, 2025

PACER

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Cathy Seibel. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions..(vf)

Sept. 23, 2025

Sept. 23, 2025

PACER

Magistrate Judge Judith C. McCarthy is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (vf)

Sept. 23, 2025

Sept. 23, 2025

PACER

Case Designated ECF. (vf)

Sept. 23, 2025

Sept. 23, 2025

PACER

***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Jonathan Robert Goldman to RE-FILE Document No. 7 Request for Issuance of Summons, 9 Request for Issuance of Summons, 4 Request for Issuance of Summons, 8 Request for Issuance of Summons, 3 Request for Issuance of Summons, 6 Request for Issuance of Summons, 5 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Defendant party name listed on Summons Caption and Summons PDF does not correspond exactly to pleading caption. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (vf)

Sept. 23, 2025

Sept. 23, 2025

PACER

***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Jonathan Robert Goldman to RE-FILE Document No. 13 Request for Issuance of Summons, 14 Request for Issuance of Summons, 16 Request for Issuance of Summons, 18 Request for Issuance of Summons, 12 Request for Issuance of Summons, 17 Request for Issuance of Summons, 15 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Defendant Caitlin Chiaramonte's name does not match on summons PDF caption and docket entry. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (sj)

Sept. 24, 2025

Sept. 24, 2025

PACER
19

REQUEST FOR ISSUANCE OF SUMMONS as to United States Military Academy, re: 11 Amended Complaint,. Document filed by Tim Bakken..(Goldman, Jonathan) (Entered: 09/25/2025)

Sept. 25, 2025

Sept. 25, 2025

PACER
20

REQUEST FOR ISSUANCE OF SUMMONS as to Lt. General Steven W. Gilland, re: 11 Amended Complaint,. Document filed by Tim Bakken..(Goldman, Jonathan) (Entered: 09/25/2025)

Sept. 25, 2025

Sept. 25, 2025

PACER
21

FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Brigadier General Shane R. Reeves, re: 11 Amended Complaint. Document filed by Tim Bakken. (Goldman, Jonathan) Modified on 9/26/2025 (sj). (Entered: 09/25/2025)

Sept. 25, 2025

Sept. 25, 2025

PACER
22

REQUEST FOR ISSUANCE OF SUMMONS as to Col. Krista Watts, re: 11 Amended Complaint,. Document filed by Tim Bakken..(Goldman, Jonathan) (Entered: 09/25/2025)

Sept. 25, 2025

Sept. 25, 2025

PACER
23

REQUEST FOR ISSUANCE OF SUMMONS as to Col. Winston Williams, re: 11 Amended Complaint,. Document filed by Tim Bakken..(Goldman, Jonathan) (Entered: 09/25/2025)

Sept. 25, 2025

Sept. 25, 2025

PACER
24

REQUEST FOR ISSUANCE OF SUMMONS as to Col. Joshua Berry, re: 11 Amended Complaint,. Document filed by Tim Bakken..(Goldman, Jonathan) (Entered: 09/25/2025)

Sept. 25, 2025

Sept. 25, 2025

PACER
25

REQUEST FOR ISSUANCE OF SUMMONS as to Lt. Col. Caitlin Chiaramonte, re: 11 Amended Complaint,. Document filed by Tim Bakken..(Goldman, Jonathan) (Entered: 09/25/2025)

Sept. 25, 2025

Sept. 25, 2025

PACER
26

ELECTRONIC SUMMONS ISSUED as to United States Military Academy. (sj) (Entered: 09/26/2025)

Sept. 26, 2025

Sept. 26, 2025

PACER
27

ELECTRONIC SUMMONS ISSUED as to Lt. General Steven W. Gilland. (sj) (Entered: 09/26/2025)

Sept. 26, 2025

Sept. 26, 2025

PACER
28

ELECTRONIC SUMMONS ISSUED as to Col. Krista Watts. (sj) (Entered: 09/26/2025)

Sept. 26, 2025

Sept. 26, 2025

PACER
29

ELECTRONIC SUMMONS ISSUED as to Col. Winston Williams. (sj) (Entered: 09/26/2025)

Sept. 26, 2025

Sept. 26, 2025

PACER
30

ELECTRONIC SUMMONS ISSUED as to Col. Joshua Berry. (sj) (Entered: 09/26/2025)

Sept. 26, 2025

Sept. 26, 2025

PACER
31

ELECTRONIC SUMMONS ISSUED as to Lt. Col. Caitlin Chiaramonte. (sj) (Entered: 09/26/2025)

Sept. 26, 2025

Sept. 26, 2025

PACER
32

FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Brigadier General Shane R. Reeves, re: 11 Amended Complaint. Document filed by Tim Bakken. (Goldman, Jonathan) Modified on 9/29/2025 (sj). (Entered: 09/26/2025)

Sept. 26, 2025

Sept. 26, 2025

PACER

***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Jonathan Robert Goldman to RE-FILE Document No. 21 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Party name does not match pleading in 'To' field of PDF. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (sj)

Sept. 26, 2025

Sept. 26, 2025

PACER
33

REQUEST FOR ISSUANCE OF SUMMONS as to Brigadier General Shane R. Reeves, re: 11 Amended Complaint,. Document filed by Tim Bakken..(Goldman, Jonathan) (Entered: 09/29/2025)

Sept. 29, 2025

Sept. 29, 2025

PACER

***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Jonathan Robert Goldman to RE-FILE Document No. 32 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Party name is INCORRECT in the 'To' section of the PDF. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (sj)

Sept. 29, 2025

Sept. 29, 2025

PACER
34

ELECTRONIC SUMMONS ISSUED as to Brigadier General Shane R. Reeves. (sj) (Entered: 09/30/2025)

Sept. 30, 2025

Sept. 30, 2025

RECAP

Case Details

State / Territory: New York

Case Type(s):

Speech and Religious Freedom

Education

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: Sept. 22, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiff is a civilian Professor of Law within the Department of Law and Philosophy at the United States Military Academy.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

United States Military Academy (Orange), Federal

Defendant Type(s):

College/University

Case Details

Causes of Action:

42 U.S.C. § 1985

Constitutional Clause(s):

Freedom of speech/association

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Other

Discrimination Area:

Conditions of Employment (including assignment, transfer, hours, working conditions, etc.)

Content/viewpoint discrimination