Objection to Settlement Agreement and Release of All Claims — U.S. Navy SEALs 1-26 v. Biden (Dkt. 297, N.D. Tex. No. 4:21-cv-01236)

Summary

An objection to the settlement agreement and release of all claims in U.S. Navy SEALs 1-26 v. Biden, Case 4:21-cv-01236-O, filed July 16, 2024 as Document 297 in the U.S. District Court for the Northern District of Texas. The objector, Damon Young Turner, previously LCDR, USN, writes as a class member. He objects that the settlement only requires the Navy to correct limited administrative records, does not compensate class members for financial, mental health and medical expenses, does not adequately compensate class attorneys, and does not deter similar practices. The objection is 3 pages.

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Case 4:21-cv-01236-O Document 297 Filed 07/16/24 Page 1 of 3 PageID 8347

OBJECTION TO SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS in U.S. Navy SEALS 1-26 v. Bident, 4:22-cv-01236-O (N.D. Tex.)

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To: United States District Court for the Northern District of Texas JUL 16 2024

From: Damon Young Turner (previously LCDR, USN) | CLERK, U.S. DISTRICT COURT
As a class member, | object to the fairness, reasonableness, and adequacy of this Settlement Agreement

for the following reasons:

The repair of harms is not adequate because it only forces the Navy to correct limited administrative
records which fails to restore the harms that fall outside this limited definition or the harms done to
those class members no longer in the service.

The Settlement does not compensate class members in any way whatsoever, despite many class
members enduring significant financial, mental health, and medical expenses as a result of defendant’s
actions.

The Settlement does not adequately compensate class attorneys.

Finally, the Settlement does not deter the Navy from engaging in similar unlawful practices in the future
because 1) the remedial actions the Navy is directed to take are completely symbolic and 2) the
Settlement Agreement does not hold accountable those Navy leaders who are most responsible for
violating the Religious Freedom Restoration Act and the First Amendment of the Constitution.

The defendant’s actions in violating the rights of class members had an individualized impact and
therefore must be remedied by individualized relief and compensation. | do not consent to this
settlement and will object unless the following conditions are added to the agreement:

1) Full backpay must be provided automatically (i.e. without their having to
request it), for all class members who were involuntarily separated from
the Navy for refusing the COVID-19 shots after filing a religious
accommodation.

2) All Service Members who were involuntarily separated, left the Navy, or
retired before statutory retirement age, after filing a religious
accommodation, must be automatically (i.e. without their having to
request it), offered full reinstatement to their previous ranks and positions
with both the pay and seniority they would otherwise have been entitled
to had they remained in the Navy.

3) Wide latitude must be provided to the Board For the Correction of Naval
Records (BCNR) for class members to seek relief over defendant’s actions
related to the COVID-19 mandates. BCNR cases which do not result in
satisfactory relief for class members shall remain actionable as claims
under this Settlement and relief may be sought by class members in
subsequent federal court cases.

Signed on this date: 10 JULY 2024

Damon Turner
Case 4:21-cv-01236-O Document 297 Filed 07/16/24 Page 2 of 3 PageID 8348

CLERK'S OFFICE
U.S. DISTRICT COURT FOR THE N. DISTRICT OF TEXAS
FORT WORTH DIVISION
501 WEST 10TH STREET, ROOM 310
FORT WORTH, TEXAS 76102-3673
ATTN: U.S. NAVY SEALS 1-26 v. BIDEN,
CASE NO. 4:21-CV-01236, OBJECTIONS TO PROPOSED CLASS SETTLEMENT
DAMON TURNER
277 GUDGER RD
MADISONVILLE, TN 37354


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