Legal Opinion
Day v. Massachusetts Air National Guard
Court of Appeals for the First Circuit
Decided January 31, 1999No. 98-1727PublishedCited by 49 opinions
1Opinion of the Court
BOUDIN, Circuit Judge.
This ease presents uncommonly difficult questions as to whether a serviceman, subject to assault and battery in an on-base hazing incident properly described by the district court as “despicable,” may recover damages from the government or from military personnel variously connected to the attack. The district court ruled that the claims were barred by the doctrine of Feres v. United States, 340 U.S. 135, 71 S.Ct. 153, 95 L.Ed. 152 (1950), limiting suits for injuries arising “incident to military service.” Id. at 146, 71 S.Ct. 153. Day v. Massachusetts Air Nat'l Guard,…
2Cases cited34 opinions
- Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
- United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
- Butz v. EconomouSupreme Court of the United States · 1978
- Alabama v. PughSupreme Court of the United States · 1978
- Jose MEDINA-MUNOZ, Etc., Et Al., Plaintiffs, Appellants, v. R.J. REYNOLDS TOBACCO COMPANY, Defendant, AppelleeCourt of Appeals for the First Circuit · 1990
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3Cited by49 opinions
- Lomando v. United StatesCourt of Appeals for the Third Circuit · 2011
- Nogueras-Cartagena v. United StatesDistrict Court, D. Puerto Rico · 2001
- Meredith Morris v. Michael ThompsonCourt of Appeals for the Fifth Circuit · 2017
- Davric Maine Corp. v. United States Postal ServiceCourt of Appeals for the First Circuit · 2001
- Flowers v. United StatesUnited States Court of Federal Claims · 2008
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