· 4/14/1997
Charles R. JACKSON, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee
Citations
- 110 F.3d 1484
- 97 Cal. Daily Op. Serv. 2696
- 97 Daily Journal DAR 4809
- 1997 U.S. App. LEXIS 6768
- 1997 WL 174852
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that an aggravated hand injury resulting from treatment in a military hospital was incident to service, even though the injury occurred while the plaintiff was not on active duty
- “practically any suit that implicates the military judgments and decisions runs the risk of colliding with Feres”
- federal naval enlisted reservist sues United States under FTCA; reference in dicta to reservists and Guard members under the FTCA
- “Members of the National Guard and the Reserves are service members under Feres.”
- “[The plaintiff] received cost-free treatment at the Naval Hospital . . . as a benefit of service in the Naval Reserve and pursuant to [his] military benefits.”
- “A motion to dismiss pursuant to the Feres doctrine, even if raised after the answer to the complaint, should be treated as a motion to dismiss for lack of subject matter jurisdiction under Fed. R. Civ. P. 12(b)(1) rather than as a motion for summary judgment.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Farris, Kozinski, Nelson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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