Air Patrol’s Col Dale Hardy & Alger Conger Named & Denied

losers in Civil Air Patrol Legal ConflictCivil Air Patrol goes to court, and loses.

by AuxBeacon News Aggregator

In Carol A. Grant’s decade long battle (update: 2 decades) with the sexism, fraud and lies of Civil Air Patrol’s New Hampshire Wing, today’s public court order exposes two men in the program: Dale V. Hardy and Alger A. Conger. There is much more to this story and we can only hope that one day all will be outed.

I hope many are able to read the detailed court order for themselves, but here are the highlights taken from that document. In submitting this to you we have highlighted Col Dale V. Hardy and Lt Col Alger Conger’s names.

The Carol Anne Grant Story

In 1986, Carol Anne Grant received a failing score on her CAP test flights, known as “check flights,” allegedly because the pilot supervising the check flights did not believe women should serve as CAP pilots. Because she failed the check flights, Grant was unable to participate in certain important CAP activities such as search and rescue missions conducted at the direction of the United States Air Force. Following CAP regulations, Grant challenged this action, filing discrimination grievances with the wing commander. When these efforts proved unsuccessful and she was terminated from CAP, Grant filed suit in this court [UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE]. That suit was dismissed with prejudice after the court approved the parties’ stipulation in which CAP agreed to reinstate Grant to her former rank if she completed and passed a check flight conducted by an independent pilot. Grant did so and was reinstated.

After her reinstatement, Grant was denied access to further check flights for mission pilots until the summer of 1990. That summer she was permitted to take the test and passed. CAP pilots allegedly refused to administer the test to Grant and told her it was because of the 1987 suit she had filed against CAP. In addition, Grant was denied mission coordinator training allegedly because she was a woman and in retaliation for the 1987 suit [which she effectively won].

In February 1989, Grant was placed on probation for ninety days for alleged misconduct. CAP failed to inform her of the charges against her prior to this notification. After her probation ended, Grant filed new complaints for verbal harassment which allegedly were never processed. Colonel Dale Hardy subsequently initiated proceedings to terminate Grant on two different occasions in late 1989. Pending the resolution of the latter proceeding, Grant was suspended from the New Hampshire Wing. Grant appealed that suspension to the Northeast Regional Appeal Board and the Board found in Grant’s favor.

Grant alleges that the harassment and retaliation Civil Air Patrol members Col Dale V. Hardy and Alger Conger increased after her appeal succeeded.

She also claims that she filed several complaints which were not investigated, but rather were used as a basis for further disciplinary action against her.

In 1991, a similar series of events transpired whereby Grant was denied participation in mission flights and Hardy commenced another termination proceeding against her. This prompted Grant to file the present action, for which the Civil Air Patrol defendants are asking for summary judgement and dismissal.

The Civil Air Patrol defendants filed a motion for summary judgment with respect to the constitutional claims. Defendants argued that because CAP is not a federal actor under any of the tests promulgated by the Supreme Court, Grant has no constitutional claim against CAP or its employees. In response. Grant contends that CAP, in light of its function, staffing, and financing, is a component of the United States Air Force and therefore a federal actor subject to constitutional prohibitions.

That’s the background leading to today’s court decision.

Today’s Decision Against Civil Air Patrol

The Honorable Paul Barbadoro, United States District Judge, reviewed multiple criteria in forming his decision against Civil Air Patrol defendants. In summary, he stated:

Applying these criteria, I conclude that CAP and the Air Force are sufficiently interdependent to qualify CAP as a governmental actor under the symbiotic relationship test.

First, CAP’s principle mission is to assist the government in disaster relief, search and rescue, and drug interdiction missions. These are activities which traditionally have been performed either primarily or exclusively by governmental entities. As a result, when CAP is performing such activities, it has been deemed by Congress to be an instrumentality of the United States.

Second, CAP’s activities are tightly controlled by the Air Force…

Third, CAP is highly dependent on the government for financial and material support. The government provides CAP with most of its funding, the government allows CAP free use of an Air Force base for its headquarters, and permits it to use other government properties for its bookstore and a printing plant. Most of CAP’s equipment has been donated by the government. The government reimburses CAP for the fuel and maintenance costs resulting from 40,000 flight hours of the 130,000 hours CAP flies per year.

Fourth, CAP is highly regulated by the government…

Finally, CAP and the Air Force are mutually dependent and each derives significant benefits from their close relationship…

In summary, while CAP is nominally a private corporation, it performs essential government functions on behalf of the Air Force, the Air Force exercises considerable control over its activities and provides most of its funding, and CAP and the Air Force are so interdependent that they can fairly be said to be in a symbiotic relationship.

Accordingly, CAP and its members are subject to the duties that the constitution imposes upon a governmental actor and [The Civil Air Patrol] defendants’ summary judgment motion must be denied.

Carol A. Grant has endured some sad abuse in the Civil Air Patrol program. Please attach the proof file so that your readers can view it in its entirety.

Updates

On the 9th of May 2018, Alger Conger was arrested after Gilford police received a tip that Conger was having contact with children through his involvement of the Missions Committee of the First United Methodist Church in Gilford. The tip came after Conger appeared in a photo last month in The Laconia Daily Sun, posing with a group of young people who were sorting items that the church was preparing to donate.

On the 20th of November 2007, former Civil Air Patrol New Hampshire Wing Lt Col Alger Conger was released from prison after serving 46 months.

On the 12th of February in 2004, Alger Conger of Laconia New Hampshire was convicted of 2 Counts of Felonious Sexual Assault against a victim under 13 years old (Statute: NH RSA 632-A:3, III) and 1 Count of Aggravated Felonious Sexual Assault with a victim under 13 years old (Statute: NH RSA 632-A:2, II).

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