About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

1 1 (April 5, 2023)

handle is hein.crs/govelek0001 and id is 1 raw text is: Congressional ______ S Research Service The Feres Doctrine: Congress, the Courts, and Military Servicemember Lawsuits Against the United States Updated April 5, 2023 The Supreme Court's 1950 decision in Feres v. United States generally bars individuals from pursuing tort lawsuits against the United States for injuries arising from active-duty military service, establishing what is known as the Feres doctrine. The Feres doctrine's soundness has been a topic of sustained debate among lawmakers, judges, and scholars since its inception. The Supreme Court has on several occasions, however, declined requests to abrogate or modify the doctrine. This Sidebar analyzes the Feres doctrine, recent limitations placed on the doctrine by Congress and the courts, and select considerations for Congress. The Federal Tort Claims Act and the Feres Doctrine Under ordinary circumstances, a plaintiff injured by a defendant's wrongful conduct may file a tort lawsuit to attempt to recover money from that defendant. For instance, if a driver causes a car crash by negligently operating his vehicle, that driver may owe compensatory damages to other persons injured in the crash. Conventional tort law principles do not necessarily apply when the person who commits the tort is a federal officer or employee. The legal principle of sovereign immunity ordinarily bars private citizens from suing the United States without its consent, although Congress may waive the United States' sovereign immunity in circumstances it deems appropriate. For instance, Congress enacted the Federal Tort Claims Act (FTCA), which allows private parties to pursue tort lawsuits against the United States under certain conditions. Although the FTCA waives the federal government's immunity from a variety of tort lawsuits, the Act preserves the United States' immunity from certain types of lawsuits. Section 2680 of the FTCA lists the types of claims that plaintiffs may not pursue against the federal government, notwithstanding the FTCA's general waiver of sovereign immunity. For example, the discretionary function exception, codified at Section 2680(a), insulates the United States from liability for injuries resulting from a federal employee's policy judgments or choices. Another provision, Section 2680(h), prevents plaintiffs from suing the United States for certain categories of intentional torts committed by federal employees. Congressional Research Service https://crsreports.congress.gov LSB10305 CRS Legal Sidebar Prepared for Members and Committees of Congress

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most