Leon Fleming v. United States Postal Service, Postmaster General Danny Caughron, Sr.

OPINION

COLE, Circuit Judge.

Leon Fleming brought a personal injury action against the United States Postal Service (Postal Service) under the Federal Tort Claims Act (FTCA), 28 U.S.C. § 2671, et seq. Upon the Postal Service’s motion, the district court dismissed the action for lack of subject matter jurisdiction. Specifically, the court found that the Feres doctrine barred Fleming’s suit. For the following reasons, we REVERSE.

I

Because the district court granted a jurisdictional motion to dismiss without holding an evidentiary hearing, the facts are presented in the light most favorable to the…