Legal Opinion

Zuress v. Donley

Court of Appeals for the Ninth Circuit

Decided June 8, 2010No. 08-17559PublishedCited by 22 opinions

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the intra-military immunity doctrine, as embraced by our circuit in Mier v. Owens, 57 F.3d 747 (9th Cir.1995), was superseded by the National Defense Authorization Act for Fiscal Year 1998 (“1997 Amendments”), Pub.L. No. 105-85, § 522(a), 111 Stat. 1629, 1734 (1997), codified at 10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…

2Cases cited22 opinions

  1. Feres v. United StatesSupreme Court of the United States · 1950
  2. Chappell v. WallaceSupreme Court of the United States · 1983
  3. United States v. WellsSupreme Court of the United States · 1997
  4. United States v. BrownSupreme Court of the United States · 1954
  5. United States v. Abdul Daas, A/K/A Abdual DaasCourt of Appeals for the Ninth Circuit · 1999

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3Cited by22 opinions

  1. Brian Mecinas v. Katie HobbsCourt of Appeals for the Ninth Circuit · 2022
  2. Drake v ObamaCourt of Appeals for the Ninth Circuit · 2011
  3. Linda Larson v. Andrew SaulCourt of Appeals for the Ninth Circuit · 2020
  4. Bowers v. WynneCourt of Appeals for the Sixth Circuit · 2010
  5. Kristen Hall v. Smosh Dot Com, Inc.Court of Appeals for the Ninth Circuit · 2023

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