Senior officials in the military and the U.S. Department of Defense cannot be held liable for the alleged rapes, severe sexual harassment and retaliation suffered by 12 current and former sailors and Marines, ruled a federal appellate panel on Friday.

In Klay v. Panetta, a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit affirmed dismissal of the suit for money damages against nine officials: the three most recent secretaries of Defense, secretaries of the Navy and commandants of the Marine Corps.