Carmichael v. Kellogg, Brown & Root Services, Inc.
Court of Appeals for the Eleventh Circuit
1Opinion of the Court
MARCUS, Circuit Judge:
At issue today is whether the district court erred in dismissing the plaintiffs negligence suit arising out of an accident in which her husband, a sergeant in the United States Army, was severely injured in May 2004 while serving as an armed escort for a large military convoy traveling through a war zone in Iraq. The district court held that the suit was non-justiciable on political question grounds and dismissed the case for lack of subject-matter jurisdiction. On appeal, the plaintiff contends that the suit does not implicate the political question doctrine because a…
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