492 F. App'x 66
11th Cir.2012Background
- Ms. Lanus, as personal representative, sued the United States under the FTCA for her son Lanus's wrongful death arising from on-base housing fire.
- District court dismissed under the Feres doctrine, which bars FTCA suits arising out of activity incident to military service.
- Lanus died while on liberty, not strictly on active duty, and resided in on-base housing with civilian access.
- Court held the Feres doctrine applies and lacks subject-matter jurisdiction over the FTCA claim.
- Panel affirmed the district court, finding the facts substantially align with Feres and no meaningful distinctionJUSTIFIED.
- No separate statute claims or other bases for jurisdiction were pursued.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Lanus’s death is incident to military service under Feres | Lanus was on liberty; distinction from Feres. | Facts align with Feres; injury incident to service. | Affirmed dismissal; Feres applies. |
Key Cases Cited
- Feres v. United States, 340 U.S. 135 (Supreme Court 1950) (injuries to servicemen arising out of activity incident to service barred under FTCA)
- United States v. Mitchell, 463 U.S. 206 (Supreme Court 1983) (FTCA consent does not extend to military combatant activities)
- Whitley v. United States, 170 F.3d 1061 (11th Cir. 1999) (applies standard for evaluating Feres applications between Feres and opposite outcomes)
- Parker v. United States, 611 F.2d 1007 (5th Cir. 1980) (duty status determines whether injury is incident to service)
- Elliott ex rel. Elliott v. United States, 37 F.3d 617 (11th Cir. 1994) (en banc discussion of on-base injury versus liberty status)