Estate of Himsel v. State

In my opinion the doctrine of intra-mili-tary immunity was properly held to govern this case. The doctrine, an outgrowth of Feres v. United States,1 bars claims by military service personnel against military actors for injuries arising out of activities that are "incident to service."2 It applies to state common law tort claims,3 state statutory claims,4 federal constitutional tort claims,5 and federal statutory claims,6 as well as *44claims brought under the Federal Tort Claims Act.7 It immunizes not only the United States, but individual service personnel and state National Guard agencies.8

In…