Ruggiero v. United States

MEMORANDUM

CAPUTO, District Judge.

Before me is Defendants’ Motion to Dismiss under Rule 12(b)(1) of the Federal Rules of Civil Procedure for lack of subject matter jurisdiction. (Doc. 7.) Resolution of this motion turns on whether the so-called Feres doctrine, Feres v. United States, 340 U.S. 135, 71 S.Ct. 153, 95 L.Ed. 152 (1950), bars recovery under the Federal Tort Claims Act (“FTCA”), 5 U.S.C. § 8101, et seq. Despite the harsh result given this grave tragedy, I am constrained by stare decisis to hold that the Feres doctrine applies and deprives the Court of jurisdiction. Accordingly,…