Richards Ex Rel. Estate of Richards v. United States

MEMORANDUM OPINION

The Plaintiff sues for damages arising from the death of Private Charles A. Richards, Jr. contending that this Court has jurisdiction under the Federal Tort Claims Act ("FTCA"). 1 28 U.S.C.A. § 1346(b). The Defendant, United States of America, moves to dismiss for lack of subject matter jurisdiction, citing the Feres doctrine. 2 The Feres doctrine, which derives its name from the Supreme Court opinion Feres v. United States, is an exception to the waiver of immunity granted in the FTCA when a plaintiff's alleged injuries or death "arise out of or are in the course of…