Legal Opinion
J. Gary Madsen v. The United States of America, Ex Rel. The United States Army, Corps of Engineers
Court of Appeals for the Tenth Circuit
Decided December 29, 1987No. 87-2046PublishedCited by 48 opinions
1Opinion of the Court
McKAY, Circuit Judge.
This appeal presents the issue of whether a military service-member is barred un der the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 2671-2680 (1982), and its jurisdictional component, 28 U.S.C. § 1346(b) (1982), from suing the United States for alleged negligent acts of Army medical personnel while hospitalized in a military medical facility. Gary Madsen was admitted to an Army medical center on November 1, 1981, for treatment of injuries sustained in a motorcycle accident. Mr. Madsen, a Captain in the regular Air Force, was on terminal leave * anticipating his military…
2Cases cited12 opinions
- Feres v. United StatesSupreme Court of the United States · 1950
- United States v. StanleySupreme Court of the United States · 1987
- United States v. ShearerSupreme Court of the United States · 1985
- United States v. JohnsonSupreme Court of the United States · 1987
- Joyce Atkinson v. United StatesCourt of Appeals for the Ninth Circuit · 1987
7 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- Stephen Bradley v. United States of America, by Veterans AdministrationCourt of Appeals for the Tenth Circuit · 1991
- Pringle v. United StatesCourt of Appeals for the Tenth Circuit · 2000
- Thomas Brooks Chartered, a Professional Corporation v. James Burnett, Norman Wiemeyer, and the National Transportation Safety BoardCourt of Appeals for the Tenth Circuit · 1990
- Frank Nitty Walden, II v. Gerald T. BartlettCourt of Appeals for the Tenth Circuit · 1988
- Arthur J. McGowan v. Gerald R. Scoggins Richard B. Kloskinski Harold v. Breiding James A. Etheridge, Jr. Ward R. Wilder and Bruce JohnsonCourt of Appeals for the Ninth Circuit · 1989
43 more not listed; retrieve them via the Exa API.