The Feres Doctrine: An Examination of this Military Exception to the Federal Tort Claims Act : Hearing Before the Committee on the Judiciary, United States Senate, One Hundred Seventh Congress, Second Session, October 8, 2002U.S. Government Printing Office, 2003 - 133 pages |
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Page 1
... appears as a submis- sion for the record . ] Senator SPECTER . I have long been concerned about the Feres doctrine , handed down in 1950. When I practiced law before coming to the Senate , I had serious questions about it , and I was ...
... appears as a submis- sion for the record . ] Senator SPECTER . I have long been concerned about the Feres doctrine , handed down in 1950. When I practiced law before coming to the Senate , I had serious questions about it , and I was ...
Page 3
... any questions that you may have . [ The prepared statement of Mr. Harris appears as a submission for the record . ] Senator SPECTER . Thank you very much , Mr. Harris . We now turn to the Commandant of the United States 3.
... any questions that you may have . [ The prepared statement of Mr. Harris appears as a submission for the record . ] Senator SPECTER . Thank you very much , Mr. Harris . We now turn to the Commandant of the United States 3.
Page 5
... Senator SPECTER . Your full statement will be made a part of the record , without objection . [ The prepared statement of Admiral Weaver appears as a sub- mission for the record . ] Senator SPECTER . Admiral Weaver , you talk about not LO ...
... Senator SPECTER . Your full statement will be made a part of the record , without objection . [ The prepared statement of Admiral Weaver appears as a sub- mission for the record . ] Senator SPECTER . Admiral Weaver , you talk about not LO ...
Page 10
... appears as a submission for the record . ] Senator SPECTER . Thank you very much , General . We now turn to Major General John Altenburg ( Retired ) , former Assistant Judge Advocate General , United States Army , currently with the ...
... appears as a submission for the record . ] Senator SPECTER . Thank you very much , General . We now turn to Major General John Altenburg ( Retired ) , former Assistant Judge Advocate General , United States Army , currently with the ...
Page 11
... appear before the committee . I understand that my written testi- mony will be submitted in the record . Senator SPECTER . Without objection , your full statement will ap- pear in the record . Mr. ALTENBURG . Yes , sir . There are ...
... appear before the committee . I understand that my written testi- mony will be submitted in the record . Senator SPECTER . Without objection , your full statement will ap- pear in the record . Mr. ALTENBURG . Yes , sir . There are ...
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Common terms and phrases
abuses active duty Admiral WEAVER alleged allow Altenburg American apply arising ARLEN SPECTER armed forces barred benefits Bonnie O'Neill chain of command Coast Guard combatant activities command structure Congress constitutional decision disability disruptive effect Ensign example Federal Tort Claims Feres doctrine Fidell FTCA HARRIS hearing incident to service injuries or death issue Judge Advocate Judge Becker judicial Justice Scalia Kerry Kerryn O'Neill killed lawsuits legislation liability medical malpractice Military Justice military members military personnel military service military's murder nation Navy negligence no-fault compensation system O'Neill's officer order and discipline overseas Patrick Leahy psychological question rationale record redress remedy result Senate Judiciary Committee Senator Leahy Senator SPECTER service members service-connected servicemen serving SKLUTE Smith soldier sovereign immunity spouse Sprague suit Supreme Court testimony Thank Tort Claims Act U.S. Army UCMJ unit cohesion United States Congress VERPA Veterans Whistleblower Protection Act
Popular passages
Page 12 - Government shall not be liable for any claim based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a Federal agency or an employee of the Government in carrying out the provisions of this section.
Page 34 - The justification for doing so is that it is impossible to know whether the claim is well founded until the case has been tried, and that to submit all officials, the innocent as well as the guilty, to the burden of a trial and to the inevitable danger of its outcome would dampen the ardor of all but the most resolute, or the most irresponsible, in the unflinching discharge of their duties.
Page 48 - The Secretary of a military department, under procedures established by him and approved by the Secretary of Defense, and acting through boards of civilians of the executive part of that military department, may correct any military record of that department when he considers It necessary to correct an error or remove an Injustice.
Page 80 - US at 141, and concluded: . . . that the Government is not liable under the Federal Tort Claims Act for injuries to servicemen where the injuries arise out of or are in the course of activity incident to service.
Page 67 - The peculiar and special relationship of the soldier to his superiors, the effects of the maintenance of such suits on discipline, and the extreme results that might obtain if suits under the Tort Claims Act were allowed for negligent orders given or negligent acts committed in the course of military duty, led the Court to read that Act as excluding claims of that character.
Page 50 - The United States shall be liable ... in the same manner and to the same extent as a private individual under like circumstances . . . .
Page 39 - Yours is the profession of arms, the will to win, the sure knowledge that in war there is no substitute for victory, that if you lose, the Nation will be destroyed, that the very obsession of your public service must be duty, honor, country.
Page 76 - There are few guiding materials for our task of statutory construction. No committee reports or floor debates disclose what effect the statute was designed to have on the problem before us, or that it even was in mind. Under these circumstances, no conclusion can be above challenge, but if we misinterpret the Act, at least Congress possesses a ready remedy. We do not overlook considerations persuasive of liability in these cases. The Act does confer district court jurisdiction generally over claims...
Page 27 - ... (8) Military life is fundamentally different from civilian life in that— (A) the extraordinary responsibilities of the armed forces, the unique conditions of military service, and the critical role of unit cohesion, require that the military community, while subject to civilian control, exist as a specialized society; and (B) the military society is characterized by its own laws, rules, customs, and traditions, including numerous restrictions on personal behavior, that would not be acceptable...
Page 8 - Brooks' relationship while on leave was not analogous to that of a soldier injured while performing duties under orders. We conclude that the Government is not liable under the Federal Tort Claims Act for injuries to servicemen where the injuries arise out of or are in the course of activity incident to service.