Emsley v. Army National Guard

I concur in the result. The plaintiffs seek $14,575,000 from the State of Washington in addition to their federal benefits.

First: If an active member of the armed services of the United States is injured or killed by another active member of the armed services of the United States while both are on duty, recovery for that injury or death is limited by Feres v. United States, 340 U.S. 135, 95 L. Ed. 152, 71 S. Ct. 153 (1950). The Feres doctrine provides that United States Army personnel may recover against the United States for injuries suffered in the service only through the *482federal…