Legal Opinion
Stauber v. Cline
Court of Appeals for the Ninth Circuit
Decided January 20, 1988No. 86-4233PublishedCited by 41 opinions
1Opinion of the Court
CANBY, Circuit Judge:
The issue before us is whether intramili-tary immunity bars a state-law tort action between civilian technicians for the Alaska Army National Guard who were also necessarily National Guard members when the actions arose, and whether the district court correctly held that plaintiff’s injuries arose incident to military service. We conclude that defendants are immune under the doctrine of Feres v. United States, 340 U.S. 135, 71 S.Ct. 153, 95 L.Ed. 152 (1950), and affirm the district court’s dismissal for lack of jurisdiction.
BACKGROUND
Plaintiff-appellant Frederick C.…
2Cases cited21 opinions
- United States v. Winston Bryant McConneyCourt of Appeals for the Ninth Circuit · 1984
- Feres v. United StatesSupreme Court of the United States · 1950
- Chappell v. WallaceSupreme Court of the United States · 1983
- United States v. StanleySupreme Court of the United States · 1987
- Gilligan v. MorganSupreme Court of the United States · 1973
16 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Gary W. Bowen v. Keith Oistead United States of America Hugh L. Cox, III Dan E. Dennis, Kenneth M. Taylor State of AlaskaCourt of Appeals for the Ninth Circuit · 1997
- Robin E. Persons Estate of Kelly Persons and Timothy Persons v. United StatesCourt of Appeals for the Ninth Circuit · 1991
- Marsha L. Lutz v. Secretary of the Air Force, and Gerald L. Ivory, Manuel E. Ferdin, and United States of AmericaCourt of Appeals for the Ninth Circuit · 1991
- Day v. Massachusetts Air National GuardCourt of Appeals for the First Circuit · 1999
- Overton v. New York State Division Of Military And Naval AffairsCourt of Appeals for the Second Circuit · 2004
36 more not listed; retrieve them via the Exa API.