Federal Judge Dismisses Navy From Most Of Tailhook Lawsuit

LAS VEGAS, Nev. - A federal judge dismissed most of the claims against the Navy contained in a lawsuit by five women who said they were sexually assaulted at the 1991 Tailhook convention.

For the most part, the women did not have the legal standing to sue the Navy, U.S. District Judge Philip Pro ruled Tuesday. But he did not dismiss the women's claims against the Las Vegas Hilton, where the convention took place, or the Tailhook organization of current and retired Navy aviators.

Pro also said the women could pursue their allegations that the Navy failed to protect them from being groped and fondled by drunken aviators.

Those filing the lawsuit were Suzanne Hallett of San Diego; Lisa Reagan and Marie Weston of Sacramento, Calif.; Judy Mas, Los Angeles; and Rhonda Rama, whose hometown was not available. A trial date has not been set.

The woman who blew the whistle on the scandal, former Navy Lt. Paula Coughlin, is not suing the Navy but is pursuing a separate lawsuit against the Tailhook group and the Hilton. Her suit is set for trial this summer.

The five women contend in their lawsuit that the Navy "intentionally attempted to cover up the actions of conventioneers." They sought unspecified damages on charges of sexual assault and battery, negligence, intentional infliction of emotional distress and punitive damages.

Pro ruled that people cannot sue the federal government for sexual assault or seek punitive damages from it under the Federal Tort Claims Act. That law outlines the types of claims that may be brought against the government.

Pro did allow the women to pursue their argument that the Navy "effectively controlled the area" in the hotel where numerous women said they were groped and fondled.

Because many of the suites were occupied by Navy personnel, the judge ruled it was possible to show they owed a duty to "act reasonably" toward those who "ventured onto the premises."

"There's no question of proof," Shamoon Zakaria, an attorney who represents three of the women, said yesterday. "A Defense Department report confirms the events took place. The question is the immunity of the Navy, and whether it will hide behind that immunity."

The scandal rocked the Navy from top to bottom, with former Navy Secretary H. Lawrence Garrett III resigning over it and some 6,000 promotions for Navy and Marine Corps officers being held up.

Although Pentagon investigators recommended discipline for about 140 Navy and Marine Corps officers who attended the convention, none ever went to trial.

About 50 officers received administrative discipline.

The charges against the last three officers facing courts-martial were dismissed in February by a Navy judge who concluded that questions about the presence of the chief of naval operations, Adm. Frank Kelso, at the convention tainted the prosecutions.