Zuress v. Donley
Court of Appeals for the Ninth Circuit
1Opinion of the Court
THOMAS, Circuit Judge:
This appeal presents the question of whether the intra-military immunity doctrine, as embraced by our circuit in Mier v. Owens, 57 F.3d 747 (9th Cir.1995), was superseded by the National Defense Authorization Act for Fiscal Year 1998 (“1997 Amendments”), Pub.L. No. 105-85, § 522(a), 111 Stat. 1629, 1734 (1997), codified at 10 U.S.C. § 10216(a). We conclude that the 1997 Amendments did not repeal the intra-military immunity doctrine, and we affirm the district court’s dismissal of the action.
I
Pursuant to the doctrine of intra-military immunity, “members of the armed…
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