Dorothy MacKey v. United States

ALAN E. NORRIS, Circuit Judge.

This appeal comes to us for the second time. In 1998, this court reversed an order of the district court holding that the individual defendants named in the complaint were not acting within the scope of their employment. On remand, the district court entered an order substituting the United States as defendant and dismissing the case pursuant to the Feres doctrine, which bars claims under the Federal Tort Claims Act (“FTCA”) for injuries that arise incident to military service. See Feres v. United States, 340 U.S. 135, 71 S.Ct. 153, 95 L.Ed. 152 (1950).

On appeal,…