Legal Opinion
Josef T. Appelhans, Jr. v. United States
Court of Appeals for the Fourth Circuit
Decided June 19, 1989No. 88-3828PublishedCited by 33 opinions
1Opinion of the Court
ERVIN, Chief Judge:
In a line of cases beginning with Feres v. United States, 340 U.S. 135, 71 S.Ct. 153, 95 L.Ed. 152 (1950), the Supreme Court has consistently held that the Federal Tort Claims Act (“FTCA”), 28 U.S.C. §§ 2671-2680, bars military personnel from suing the sovereign for alleged torts that occur “during the course of an activity incident to service.” United States v. Johnson, 481 U.S. 681, 682, 107 S.Ct. 2063, 2064, 95 L.Ed. 2d 648 (1987). This case presents the familiar issue of whether the Feres doctrine forbids recovery to a former military serviceman for alleged medical…
2Cases cited16 opinions
- Feres v. United StatesSupreme Court of the United States · 1950
- United States v. MunizSupreme Court of the United States · 1963
- United States v. ShearerSupreme Court of the United States · 1985
- Brooks v. United StatesSupreme Court of the United States · 1949
- United States v. JohnsonSupreme Court of the United States · 1987
11 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Robin E. Persons Estate of Kelly Persons and Timothy Persons v. United StatesCourt of Appeals for the Ninth Circuit · 1991
- Jimmy Ray Rogers and Linda Rogers v. United StatesCourt of Appeals for the Seventh Circuit · 1990
- Wake v. United StatesCourt of Appeals for the Second Circuit · 1996
- Wake v. United StatesCourt of Appeals for the Second Circuit · 1996
- Bradley v. United StatesCourt of Appeals for the Fourth Circuit · 1998
28 more not listed; retrieve them via the Exa API.