Frederick Aikens v. William Ingram, Jr.

I agree with the majority that the Feres “incident to service” test warrants our abstention from reviewing Aikens’ § 1983 claim. Although that determination is dis-positive of this appeal, I write briefly to express my view that even if Feres were inapplicable, the summary judgment is af-firmable based on Aikens’ failure to present sufficient evidence to withstand the summary judgment motion.

Aikens’ § 1983 claim is based on his contention that Ingram and von Jess violated his Fourth Amendment rights, and Aikens “grounds his Fourth Amendment claims in [their] personal involvement in the…