Monday, June 27, 2011

SCOTUS Declines to Review Feres Doctrine

While some had high hopes that the heart-wrenching case of SSgt Dean Witt would provide impetus for the US Supreme Court to overturn the decades-old Feres doctrine, today the Court declined to grant certiorari of Witt's family's claim. 

Feres prevents military members from suing the federal government for injuries suffered incident to one's service.  While military dependents can bring suits for their own injuries, they are not allowed to sue in the place of a deceased uniformed family member if Feres would bar the military member himself from seeking judicial redress for the grievances.  NIMJ's previous coverage of this case is here.  You can find the filings in the case at SCOTUSblog by scrolling down to the Witt case.