For more than 70 years, the Feres doctrine has prevented active-duty service members from suing the federal government for wrongful injury or death occurring outside of combat. Now, the efforts to overturn it are gaining ground. maxapotter reports:
doctrine or have any idea that current law denies active-duty service members the ability to sue their employer in civil court. Most of those who are familiar withhave encountered it either because they are a service member who was a victim of an injury caused by military negligence or because they are family of a service member wrongfully killed in noncombat-related circumstances.
A year after the crash, public pressure compelled Congress to pass the Federal Tort Claims Act, in which the federal government waived its immunity to lawsuits with 13 specific exceptions. Among them, the act barred “any claim arising out of the combatant activities of the military or naval forces, or the Coast Guard, during time of war.” In layman’s speak, if you’re in the military and you get hurt or die in activities related to battle, that’s a risk that comes with the job.
Stayskal’s new house had been funded by the nonprofit Operation Finally Home, which provides homes and home modifications for gravely ill and injured military veterans or their families. Although the Stayskals would be together in their new home that holiday season, barring a miracle, the day was imminent when Megan and the girls would pass by those handprints and 40-year-old Sergeant First Class Stayskal would be forever gone from their lives.
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