- Feres v. United States
Litigants=Feres v. United States
FullName=Feres, Executrix, v. United States, Jefferson v. United States; United States v. Griggs, Executrix
Citation=71 S. Ct. 153; 95 L. Ed. 152; 1950 U.S. LEXIS 1352
Prior=On writs of certiorari to the Courts of Appeals for the Second, Fourth, and Tenth Circuits, 339 U.S. 910, 339 U.S. 951
Subsequent=On remand: 177 F.2d 535 and 178 F.2d 518, affirmed; 178 F.2d 1, reversed
Holding=The Court affirmed the decisions of the courts of appeals which held that the Federal Tort Claims Act (FTCA) did not apply to claims by petitioner servicemen. The Court reversed the judgment of the court of appeals which extended the FTCA remedy to active duty servicemen. The Court held that respondent United States was not liable under the FTCA for injuries to servicemen arising out of or in the course of activity incident to service.
Federal Tort Claims Act
"Feres v. United States", 340 U.S. 135 (
1950), is a case in which the Supreme Court of the United Statesruled that the United States is not liable under the Federal Tort Claims Actfor injuries to members of the armed forces sustained while on active duty and not on furloughand resulting from the negligence of others in the armed forces. The opinion is an extension of the English common-lawconcept of sovereign immunity.
The practical effect is that the "Feres doctrine" effectively bars service members from successfully collecting damages for personal injuries, whether or not they were suffered in the performance of their duties. It also bars families of service members from filing
wrongful deathor loss of consortiumactions when a service member is killed or injured. The bar does not extend to killed or injured family members, so a spouse or child may still sue the United States for tort claims (such as medical malpractice), nor does it bar service members from filing either in loco parentison their child's behalf or filing for wrongful death or loss of consortium as a companion claim to a spouse or child's suit.
List of United States Supreme Court cases, volume 340
* [http://supreme.justia.com/us/340/135/case.html Full text opinion from Justia.com]
Wikimedia Foundation. 2010.
Look at other dictionaries:
List of United States Supreme Court cases, volume 340 — This is a list of all the United States Supreme Court cases from volume 340 of the United States Reports :* Missouri ex rel. Southern R. Co. v. Mayfield , ussc|340|1|1950 * Fogarty v. United States , ussc|340|8|1950 * Snyder v. Buck ,… … Wikipedia
Article One of the United States Constitution — United States of America This article is part of the series: United States Constitution Original text of the Constitution Preamble Articles of the Constitution I … Wikipedia
Feres doctrine — Fer·es doctrine / fer is / n [from Feres v. United States, 340 U.S. 135 (1950), the case which established the doctrine]: a doctrine in tort law: a member of the military is barred from recovering damages from the government under the Federal… … Law dictionary
Project MKULTRA — MKULTRA redirects here. For other uses, see MKULTRA (disambiguation). Declassified MKULTRA documents Project MKULTRA, or MK ULTRA, was the code name for a covert, illegal CIA human experimentation program, run by the CIA s Office of Scientific… … Wikipedia
USS Iowa turret explosion — USS Iowa s Turret Two explodes Date April 19, 1989 Place Caribbean Sea ne … Wikipedia
Chile — For other uses, see Chile (disambiguation). Republic of Chile República de Chile (Spanish) … Wikipedia
1994 Black Hawk shootdown incident — Infobox Military Conflict conflict= 1994 Black Hawk shootdown incident caption= United States military personnel inspect the wreckage of one of the two Black Hawks shot down in the friendly fire incident in northern Iraq date=April 14, 1994 place … Wikipedia
Economy of Chile — The Sanhattan district of Santiago Currency Chilean peso (CLP) Fiscal year … Wikipedia
Roller hockey at the 1992 Summer Olympics - Preliminary round — The preliminary round of the 1992 Summer Olympics roller hockey competition was played between 26 and 30 July, consisting of a group stage with two groups of six teams. The teams distribution into the groups was performed as per the results at… … Wikipedia
Federal Tort Claims Act — The Federal Tort Claims Act (FTCA), August 2, 1946, ch. 753, title IV, USStat|60|842, usc|28|1346(b) and UnitedStatesCode3|28|2671|2680), is a statute enacted by the United States Congress in 1946 permitting private parties to sue the United… … Wikipedia