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

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Case Summary

This case challenges restrictions imposed by the United States Military Academy on civilian professors’ academic speech and public expression following President Trump’s January 2025 executive order, “Restoring America’s Fighting Force,” governing the federal service academies. On September 22, 2025, a civilian professor at the United States Military Academy (West Point) filed this putative class action in the U.S. District Court for the Southern District of New York against the U.S. Military …

On September 22, 2025, a civilian professor at the United States Military Academy (West Point) filed this putative class action in the U.S. District Court for the Southern District of New York against the U.S. Military Academy and several Academy officials in their official capacities to challenge the Dean’s Policy & Operating Memorandum No. 03-24 (“DPOM 03-24”), issued in February 2025. Represented by private counsel, the plaintiff alleged that West Point adopted policies requiring prior approval for faculty members’ public speaking, scholarship, media appearances, and other external communications, and separately directed faculty not to express personal viewpoints in the classroom, in violation of the First Amendment. The plaintiff sought declaratory and injunctive relief, attorneys’ fees, and class certification. The case was assigned to District Judge Cathy Seibel.

On September 22, 2025, the plaintiff filed an amended complaint that added allegations regarding a second policy implemented after the original complaint. In addition to challenging West Point’s Academic Engagement Policy, the amended complaint alleged that the Academy issued a classroom directive instructing faculty not to advocate personal viewpoints while teaching cadets. The plaintiff alleged that, together, these policies chilled protected speech, restricted academic freedom, and constituted unconstitutional viewpoint-based restraints on civilian facility members’ speech. The amended complaint continued to assert First Amendment claims and sought the same declaratory and injunctive relief.

On December 5, 2025, plaintiff moved for a preliminary injunction, arguing that the challenged policies violated the First Amendment and irreparably harmed civil faculty members’ academic freedom. On January 30, 2026, defendants moved to dismiss. On May 26, 2026, Judge Seibel denied the motion to dismiss and granted the plaintiff’s motion for a preliminary injunction. The court held that the plaintiff demonstrated a likelihood of success on his First Amendment claim because DPOM 03-24 functioned as an unconstitutional prior restraint, granted administrators broad and standardless discretion to approve or deny faculty speech, and was likely intended to suppress viewpoints inconsistent with the administration’s preferred positions. The court further concluded that the policy impermissibly burdened the First Amendment rights of civilian faculty and enjoined defendants from enforcing DPOM 03-24 against civil faculty members. The court also prohibited defendants from restricting the plaintiff from expressing his opinions, beliefs, or viewpoints to cadets concerning the subjects he teaches while litigation proceeds. 2026 WL 1469754.

As of June 2026, the preliminary injunction remained in effect, and the case was ongoing.

Summary Authors

Niam Vora (6/30/2026)

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)

Attorney for Defendant

Kumar, Dana Walsh (New York)

Torrance, Benjamin Henry (New York)

Judge(s)

Seibel, Cathy (New York)

Attorney for Plaintiff

Bergstein, Stephen (New York)

Goldman, Jonathan Robert (New York)

Attorney for Defendant

Kumar, Dana Walsh (New York)

Torrance, Benjamin Henry (New York)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1 7:25-cv-07826	Complaint Bakken v. United States Military Academy et al.	Sept. 22, 2025	Sept. 22, 2025 Complaint
11 7:25-cv-07826	Amended Complaint	Sept. 22, 2025	Sept. 22, 2025 Complaint
68 7:25-cv-07826	Opinion & Order On Motion For Preliminary Injunction And Motion To Dismiss Bakken v. United States Military Academy et al.	May 26, 2026	May 26, 2026 Order/Opinion 2026 WL 1469754

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Resources

Resources related to this case
Title	Description		External URL Date / External URL
EO 14185 - Restoring America's Fighting Force President Donald Trump	Abolishing all Diversity, Equity and Inclusion offices in the Department of Defense and the Department of Homeland Security; Prohibiting the Department of Defense and armed forces, including any educ…	Jan. 27, 2025	Jan. 27, 2025 https://www.federalregister.gov/...

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Docket

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

Last updated July 22, 2026, 3:55 a.m.

ECF Number	Date	Description	Link
1	Sept. 22, 2025	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)	Clearinghouse
2	Sept. 22, 2025	CIVIL COVER SHEET filed..(Goldman, Jonathan) (Entered: 09/22/2025)	RECAP
3	Sept. 22, 2025	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)	RECAP
4	Sept. 22, 2025	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)	RECAP
5	Sept. 22, 2025	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)	RECAP
6	Sept. 22, 2025	REQUEST FOR ISSUANCE OF SUMMONS as to Col. Krista Watts, re: 1 Complaint,. Document filed by Tim Bakken..(Goldman, Jonathan) (Entered: 09/22/2025)	RECAP
7	Sept. 22, 2025	REQUEST FOR ISSUANCE OF SUMMONS as to Col. Winston Williams, re: 1 Complaint,. Document filed by Tim Bakken..(Goldman, Jonathan) (Entered: 09/22/2025)	RECAP
8	Sept. 22, 2025	REQUEST FOR ISSUANCE OF SUMMONS as to Col. Joshua Berry, re: 1 Complaint,. Document filed by Tim Bakken..(Goldman, Jonathan) (Entered: 09/22/2025)	RECAP
9	Sept. 22, 2025	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)	RECAP
10	Sept. 22, 2025	NOTICE OF APPEARANCE by Stephen Bergstein on behalf of Tim Bakken..(Bergstein, Stephen) (Entered: 09/22/2025)	RECAP
11	Sept. 22, 2025	AMENDED COMPLAINT amending 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 with JURY DEMAND.Document filed by Tim Bakken. Related document: 1 Complaint,..(Goldman, Jonathan) (Entered: 09/22/2025)	Clearinghouse
12	Sept. 23, 2025	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)	RECAP
13	Sept. 23, 2025	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)	RECAP
14	Sept. 23, 2025	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)	RECAP
15	Sept. 23, 2025	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)	RECAP
16	Sept. 23, 2025	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)	RECAP
17	Sept. 23, 2025	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)	RECAP
18	Sept. 23, 2025	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)	RECAP
	Sept. 23, 2025	***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	Notice to Attorney Regarding Party Modification
	Sept. 23, 2025	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	Case Opening Initial Assignment Notice
	Sept. 23, 2025	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	Case Designation
	Sept. 23, 2025	Case Designated ECF. (vf)
	Sept. 23, 2025	Case Designated ECF
	Sept. 23, 2025	***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	Notice to Attorney Regarding Deficient Request for Issuance of Summons
	Sept. 24, 2025	***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	Notice to Attorney Regarding Deficient Request for Issuance of Summons
19	Sept. 25, 2025	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)	RECAP
20	Sept. 25, 2025	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)	RECAP
21	Sept. 25, 2025	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)	RECAP
22	Sept. 25, 2025	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)	RECAP
23	Sept. 25, 2025	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)	RECAP
24	Sept. 25, 2025	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)	RECAP
25	Sept. 25, 2025	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)	RECAP
26	Sept. 26, 2025	ELECTRONIC SUMMONS ISSUED as to United States Military Academy. (sj) (Entered: 09/26/2025)	RECAP
27	Sept. 26, 2025	ELECTRONIC SUMMONS ISSUED as to Lt. General Steven W. Gilland. (sj) (Entered: 09/26/2025)	RECAP
28	Sept. 26, 2025	ELECTRONIC SUMMONS ISSUED as to Col. Krista Watts. (sj) (Entered: 09/26/2025)	RECAP
29	Sept. 26, 2025	ELECTRONIC SUMMONS ISSUED as to Col. Winston Williams. (sj) (Entered: 09/26/2025)	RECAP
30	Sept. 26, 2025	ELECTRONIC SUMMONS ISSUED as to Col. Joshua Berry. (sj) (Entered: 09/26/2025)	RECAP
31	Sept. 26, 2025	ELECTRONIC SUMMONS ISSUED as to Lt. Col. Caitlin Chiaramonte. (sj) (Entered: 09/26/2025)	RECAP
32	Sept. 26, 2025	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)	RECAP
	Sept. 26, 2025	Notice to Attorney Regarding Deficient Request for Issuance of Summons
	Sept. 26, 2025	***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)
33	Sept. 29, 2025	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)	RECAP
	Sept. 29, 2025	***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	Notice to Attorney Regarding Deficient Request for Issuance of Summons
34	Sept. 30, 2025	ELECTRONIC SUMMONS ISSUED as to Brigadier General Shane R. Reeves. (sj) (Entered: 09/30/2025)	RECAP
35	Nov. 7, 2025	AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. United States Military Academy served on 10/17/2025, answer due 11/7/2025. Service was made by Mail. Document filed by Tim Bakken..(Goldman, Jonathan) (Entered: 11/07/2025)	RECAP
36	Nov. 7, 2025	AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Lt. General Steven W. Gilland served on 10/8/2025, answer due 10/29/2025. Service was made by Mail. Document filed by Tim Bakken..(Goldman, Jonathan) (Entered: 11/07/2025)	RECAP
37	Nov. 7, 2025	AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Brigadier General Shane R. Reeves served on 10/8/2025, answer due 10/29/2025. Service was made by Mail. Document filed by Tim Bakken..(Goldman, Jonathan) (Entered: 11/07/2025)	RECAP
38	Nov. 7, 2025	AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Col. Krista Watts served on 10/8/2025, answer due 10/29/2025. Service was made by Mail. Document filed by Tim Bakken..(Goldman, Jonathan) (Entered: 11/07/2025)	RECAP
39	Nov. 7, 2025	AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Col. Winston Williams served on 10/17/2025, answer due 11/7/2025. Service was made by Mail. Document filed by Tim Bakken..(Goldman, Jonathan) (Entered: 11/07/2025)	RECAP
40	Nov. 7, 2025	AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Col. Joshua Berry served on 10/17/2025, answer due 11/7/2025. Service was made by Mail. Document filed by Tim Bakken..(Goldman, Jonathan) (Entered: 11/07/2025)	RECAP
41	Nov. 7, 2025	AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Lt. Col. Caitlin Chiaramonte served on 10/17/2025, answer due 11/7/2025. Service was made by Mail. Document filed by Tim Bakken..(Goldman, Jonathan) (Entered: 11/07/2025)	RECAP
42	Nov. 7, 2025	AFFIDAVIT OF SERVICE of Summons and Amended Complaint, served. Service was made by Mail. Document filed by Tim Bakken..(Goldman, Jonathan) (Entered: 11/07/2025)	RECAP
43	Dec. 4, 2025	NOTICE OF APPEARANCE by Benjamin Henry Torrance on behalf of Col. Joshua Berry, Lt. General Steven W. Gilland, Lt. Col. Caitlin Chiaramonte, Brigadier General Shane R. Reeves, United States Military Academy, Col. Krista Watts, Col. Winston Williams..(Torrance, Benjamin) (Entered: 12/04/2025)	RECAP
44	Dec. 4, 2025	NOTICE OF APPEARANCE by Dana Walsh Kumar on behalf of Col. Joshua Berry, Lt. General Steven W. Gilland, Lt. Col. Caitlin Chiaramonte, Brigadier General Shane R. Reeves, United States Military Academy, Col. Krista Watts, Col. Winston Williams..(Kumar, Dana) (Entered: 12/04/2025)	RECAP
45	Dec. 4, 2025	LETTER MOTION for Extension of Time to File Answer and to Set Briefing Schedule addressed to Judge Cathy Seibel from Dana Walsh Kumar dated December 4, 2025. Document filed by Col. Joshua Berry, Lt. General Steven W. Gilland, Lt. Col. Caitlin Chiaramonte, Brigadier General Shane R. Reeves, United States Military Academy, Col. Krista Watts, Col. Winston Williams..(Kumar, Dana) (Entered: 12/04/2025)	RECAP
46	Dec. 5, 2025	ORDER granting 45 Letter Motion for Extension of Time to Answer: Plaintiff to file motion for preliminary injunction by December 5, 2025. Defendants to respond to preliminary injunction motion and respond to the complaint by January 16, 2026. Plaintiff to reply by January 30, 2026. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy) (Entered: 12/05/2025)	RECAP
47	Dec. 5, 2025	MOTION for Preliminary Injunction . Document filed by Tim Bakken. Return Date set for 2/6/2026 at 10:00 AM..(Goldman, Jonathan) (Entered: 12/05/2025)	RECAP
48	Dec. 5, 2025	DECLARATION of Jonathan R. Goldman, Esq. in Support re: 47 MOTION for Preliminary Injunction .. Document filed by Tim Bakken. (Attachments: # 1 Exhibit Exhibit 1 - Amended Complaint).(Goldman, Jonathan) (Entered: 12/05/2025) 1 View on RECAP	RECAP
49	Dec. 5, 2025	DECLARATION of Tim Bakken in Support re: 47 MOTION for Preliminary Injunction .. Document filed by Tim Bakken. (Attachments: # 1 Exhibit Memo 1, # 2 Exhibit Memo 2, # 3 Exhibit July 2025 Email Chain with Berry, # 4 Exhibit Nov. 18, 2025 Email, Colclough, # 5 Exhibit July 2025 Email Chain with Chiaramonte).(Goldman, Jonathan) (Entered: 12/05/2025)	RECAP
50	Dec. 5, 2025	MEMORANDUM OF LAW in Support re: 47 MOTION for Preliminary Injunction . . Document filed by Tim Bakken..(Goldman, Jonathan) (Entered: 12/05/2025)	RECAP
	Dec. 5, 2025	Order on Motion for Extension of Time to Answer
51	Jan. 12, 2026	CONSENT LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Cathy Seibel from Dana Walsh Kumar dated January 12, 2026. Document filed by Col. Joshua Berry, Lt. General Steven W. Gilland, Lt. Col. Caitlin Chiaramonte, Brigadier General Shane R. Reeves, United States Military Academy, Col. Krista Watts, Col. Winston Williams..(Kumar, Dana) (Entered: 01/12/2026)	RECAP
52	Jan. 12, 2026	ORDER granting 51 Letter Motion for Extension of Time to File Response/Reply: Government's opposition and cross-motion to dismiss due by 1/30/26. Plaintiff's reply due 2/13/26. The pre-motion conference requirement is waived for the Government's cross-motion. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy) (Entered: 01/12/2026)	RECAP
	Jan. 12, 2026	Order on Motion for Extension of Time to File Response/Reply
53	Jan. 30, 2026	MOTION to Dismiss . Document filed by Col. Joshua Berry, Lt. General Steven W. Gilland, Lt. Col. Caitlin Chiaramonte, Brigadier General Shane R. Reeves, United States Military Academy, Col. Krista Watts, Col. Winston Williams..(Kumar, Dana) (Entered: 01/30/2026)	RECAP
54	Jan. 30, 2026	MEMORANDUM OF LAW in Support re: 53 MOTION to Dismiss . and in Opposition to Plaintiff's Motion for a Preliminary Injunction. Document filed by Col. Joshua Berry, Lt. General Steven W. Gilland, Lt. Col. Caitlin Chiaramonte, Brigadier General Shane R. Reeves, United States Military Academy, Col. Krista Watts, Col. Winston Williams..(Kumar, Dana) (Entered: 01/30/2026)	RECAP
55	Jan. 30, 2026	DECLARATION of Col. Krista Watts in Support re: 53 MOTION to Dismiss .. Document filed by Col. Joshua Berry, Lt. General Steven W. Gilland, Lt. Col. Caitlin Chiaramonte, Brigadier General Shane R. Reeves, United States Military Academy, Col. Krista Watts, Col. Winston Williams. (Attachments: # 1 Exhibit A - DPOM 03-24, # 2 Exhibit B - USMA Social Media Policy, # 3 Exhibit C - USMA Policy 25-01, # 4 Exhibit D - USMA Regulation 150-2, # 5 Exhibit E - USMA Regulation 150-4, # 6 Exhibit F - USMA Regulation 150-6).(Kumar, Dana) (Entered: 01/30/2026) 1 Exhibit A - DPOM 03-24 View on PACER 2 Exhibit B - USMA Social Media Policy View on PACER 3 Exhibit C - USMA Policy 25-01 View on PACER 4 Exhibit D - USMA Regulation 150-2 View on PACER 5 Exhibit E - USMA Regulation 150-4 View on PACER 6 Exhibit F - USMA Regulation 150-6 View on PACER	RECAP
56	Feb. 13, 2026	MEMORANDUM OF LAW in Opposition re: 53 MOTION to Dismiss . and in Further Support of Motion for Preliminary Injunction. Document filed by Tim Bakken..(Goldman, Jonathan) (Entered: 02/13/2026)	RECAP
57	Feb. 13, 2026	DECLARATION of Tim Bakken in Opposition re: 53 MOTION to Dismiss .. Document filed by Tim Bakken. (Attachments: # 1 Exhibit FIRE Letter).(Goldman, Jonathan) (Entered: 02/13/2026)	RECAP
58	Feb. 18, 2026	LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Cathy Seibel from Dana Walsh Kumar dated February 18, 2026. Document filed by Col. Joshua Berry, Lt. General Steven W. Gilland, Lt. Col. Caitlin Chiaramonte, Brigadier General Shane R. Reeves, United States Military Academy, Col. Krista Watts, Col. Winston Williams..(Kumar, Dana) (Entered: 02/18/2026)	RECAP
59	Feb. 18, 2026	ORDER granting 58 Letter Motion for Extension of Time to File Response/Reply: Government's reply due by 3/3/26. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy) (Entered: 02/18/2026)	RECAP
	Feb. 18, 2026	Order on Motion for Extension of Time to File Response/Reply
60	March 3, 2026	REPLY MEMORANDUM OF LAW in Support re: 53 MOTION to Dismiss . . Document filed by Col. Joshua Berry, Lt. General Steven W. Gilland, Lt. Col. Caitlin Chiaramonte, Brigadier General Shane R. Reeves, United States Military Academy, Col. Krista Watts, Col. Winston Williams..(Kumar, Dana) (Entered: 03/03/2026)	RECAP
61	April 3, 2026	NOTICE OF COURT CONFERENCE: Oral Argument is scheduled for April 14, 2026 at 2:15 p.m. before the Honorable Cathy Seibel at the Charles L. Brieant United States District Courthouse, 300 Quarropas Street, White Plains, New York 10601 in Courtroom 621. Oral Argument set for 4/14/2026 at 02:15 PM in Courtroom 621, 300 Quarropas Street, White Plains, NY 10601 before Judge Cathy Seibel. (mml) (Entered: 04/03/2026)	RECAP
62	April 3, 2026	LETTER MOTION to Adjourn Conference addressed to Judge Cathy Seibel from Dana Walsh Kumar dated April 3, 2026. Document filed by Col. Joshua Berry, Lt. General Steven W. Gilland, Lt. Col. Caitlin Chiaramonte, Brigadier General Shane R. Reeves, United States Military Academy, Col. Krista Watts, Col. Winston Williams..(Kumar, Dana) (Entered: 04/03/2026)	RECAP
63	April 6, 2026	ORDER granting 62 Letter Motion to Adjourn Conference: Oral Argument adjourned to 5/6/26 at 2:15 pm. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy) (Entered: 04/06/2026)	RECAP
	April 6, 2026	Order on Motion to Adjourn Conference
64	April 30, 2026	LETTER addressed to Judge Cathy Seibel from Jonathan R. Goldman dated April 30, 2026 re: Recent SDNY decision relevant to pending motion. Document filed by Tim Bakken. (Attachments: # 1 Exhibit Apr. 28, 2026 Opinion & Order, Comey v. U.S. DOJ, et al.).(Goldman, Jonathan) (Entered: 04/30/2026)	RECAP
65	May 5, 2026	LETTER addressed to Judge Cathy Seibel from Dana Walsh Kumar dated May 5, 2026 re: Response to Plaintiff's Letter. Document filed by Col. Joshua Berry, Lt. General Steven W. Gilland, Lt. Col. Caitlin Chiaramonte, Brigadier General Shane R. Reeves, United States Military Academy, Col. Krista Watts, Col. Winston Williams..(Kumar, Dana) (Entered: 05/05/2026)	RECAP
	May 6, 2026	Minute Entry for proceedings held before Judge Cathy Seibel: Oral Argument held on 5/6/2026 re: 61 Notice of Hearing. Plaintiff Tim Bakken is present. Plaintiff's counsel(s) Jonathan Goldman, Esq. and Stephen Bergstein, Esq. are present. Defendants' counsel AUSA Dana Kumar, Esq. is present. Law Clerk Ryan Miller is present. The Court entertains oral argument with the parties as to the exhaustion and First Amendment issues. See transcript. (Court Reporter Christina Arends-Dieck) (wc)
	May 6, 2026	Oral Argument
	May 8, 2026	Oral Argument
66	May 21, 2026	LETTER addressed to Judge Cathy Seibel from Dana Walsh Kumar dated May 21, 2026 re: Update Regarding Academic Freedom Claim. Document filed by Col. Joshua Berry, Lt. General Steven W. Gilland, Lt. Col. Caitlin Chiaramonte, Brigadier General Shane R. Reeves, United States Military Academy, Col. Krista Watts, Col. Winston Williams. (Attachments: # 1 Exhibit 1 - Watts Declaration).(Kumar, Dana) (Entered: 05/21/2026)	RECAP
67	May 22, 2026	LETTER addressed to Judge Cathy Seibel from Jonathan R. Goldman dated May 22, 2026 re: Response to Government's May 21, 2026 submission. Document filed by Tim Bakken..(Goldman, Jonathan) (Entered: 05/22/2026)	RECAP
68	May 26, 2026	OPINION & ORDER ON MOTION FOR PRELIMINARY INJUNCTION AND MOTION TO DISMISS re: 47 MOTION for Preliminary Injunction filed by Tim Bakken, 53 MOTION to Dismiss filed by Col. Krista Watts, Brigadier General Shane R. Reeves, Lt. Col. Caitlin Chiaramonte, Col. Winston Williams, United States Military Academy, Lt. General Steven W. Gilland, Col. Joshua Berry. For the foregoing reasons, Plaintiff's motion for a preliminary injunction is GRANTED. Defendants' motion to dismiss is DENIED. The Clerk of Court is respectfully directed to terminate the pending motions. (ECF Nos. 47, 53.) It is hereby ORDERED that pending permanent resolution of this action, Defendants are enjoined from (1) enforcing Deans Policy and Operating Memorandum 03-24, dated February 13, 2025, against civilian faculty members of USMA, and (2) prohibiting or restraining Plaintiff from expressing or offering his opinions, beliefs or views to his students on the subjects he teaches. The parties are to appear for a conference on June 11, 2026 at 3 p.m. SO ORDERED. (Case Management Conference set for 6/11/2026 at 03:00 PM before Judge Cathy Seibel.) (Signed by Judge Cathy Seibel on 5/26/2026) (mml) (Entered: 05/26/2026)	Clearinghouse
69	June 5, 2026	JOINT LETTER MOTION to Adjourn Conference and Letter Motion to Extend Time to Answer Complaint addressed to Judge Cathy Seibel from Dana Walsh Kumar dated June 5, 2026. Document filed by Col. Joshua Berry, Lt. General Steven W. Gilland, Lt. Col. Caitlin Chiaramonte, Brigadier General Shane R. Reeves, United States Military Academy, Col. Krista Watts, Col. Winston Williams..(Kumar, Dana) (Entered: 06/05/2026)	RECAP
70	June 8, 2026	ORDER granting 69 Letter Motion to Adjourn Conference: Conference adjourned to 6/25/26 at 4:15 pm. The Government's time to answer is extended to 6/23/26. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy) (Entered: 06/08/2026)	RECAP
	June 8, 2026	Order on Motion to Adjourn Conference
71	June 19, 2026	CONSENT LETTER MOTION to Adjourn Conference and Letter Motion to Extend Time to Answer Complaint addressed to Judge Cathy Seibel from Dana Walsh Kumar dated June 19, 2026. Document filed by Col. Joshua Berry, Lt. General Steven W. Gilland, Lt. Col. Caitlin Chiaramonte, Brigadier General Shane R. Reeves, United States Military Academy, Col. Krista Watts, Col. Winston Williams..(Kumar, Dana) (Entered: 06/19/2026)	RECAP
72	June 22, 2026	ORDER granting 71 Letter Motion to Adjourn Conference: Status Conference adjourned to 8/5/26 at 10:15 am. Defendants' time to answer is extended to 7/23/26. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy) (Entered: 06/22/2026)	RECAP
	June 22, 2026	Order on Motion to Adjourn Conference
73	July 1, 2026	INTERNET CITATION NOTE: Material from decision with Internet citation re: 68 Memorandum & Opinion.(rro) (Entered: 07/01/2026)	RECAP
74	July 1, 2026	INTERNET CITATION NOTE: Material from decision with Internet citation re: 68 Memorandum & Opinion.(rro) (Entered: 07/01/2026)	RECAP
75	July 21, 2026	Extension of Time to File Answer	RECAP

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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

Authority of Independent Agencies

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

Federal

United States Military Academy

Defendant Type(s):

College/University

Case Details

Causes of Action:

42 U.S.C. § 1985

Constitutional Clause(s):

Freedom of speech/association

Other Dockets:

Southern District of New York 7:25-cv-07826

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Sought:

Attorneys fees

Declaratory judgment

Injunction

Relief Granted:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

General/Misc.:

Other

Discrimination Area:

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

Content/viewpoint discrimination

Recommended Citation

Case Summary of Bakken v. United States Military Academy, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/46980/ (last updated 10/11/2025).