Timothy Chandler v. USA
713 F. App'x 251
5th Cir.2017Background
- Plaintiff Timothy Logan Chandler, an active-duty soldier recently returned from Afghanistan, injured his knee while playing paintball at the Fort Polk MWR Outdoor Recreation Range during a unit "fun day"/WAQ reintegration event.
- The event was military-sponsored, on the training calendar, had an appointed officer-in-charge and NCO safety supervisors; soldiers were ordered to attend and could be disciplined for absence.
- Soldiers were required to remain at the MWR for accountability formations at the start and end of the day; they were permitted to wear civilian clothes and participation in specific activities (like paintball) was voluntary.
- Chandler sued the United States and a civilian employee (Greene) under the Federal Tort Claims Act for negligence.
- The district court dismissed the claim for lack of subject-matter jurisdiction under the Feres doctrine, concluding the injury arose out of activity incident to military service; the Fifth Circuit affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether plaintiff's injury arose "incident to service" under Feres | Chandler: paintball was a voluntary, recreational activity (civilian participation), so not incident to service | United States: event was military-sponsored, on-duty, on-base, and promoted WAQ reintegration—thus incident to service | Held: injury was incident to service; Feres bars suit |
| Duty status significance | Chandler: not on duty for paintball specifically | United States: Chandler was on duty for the day and required to be present; temporary suspension from duties does not remove incident-to-service status | Held: soldier was on duty (or at least on-duty-for-the-day); duty status supports Feres bar |
| Effect of civilian/family participation | Chandler: civilian involvement shows non-military, recreational character | United States: civilian participation did not negate the military reintegration purpose; event still served military objectives | Held: civilian presence did not defeat the military purpose; Feres applies |
| Applicability of Regan precedent | Chandler: Regan disallowed Feres where activity was off-base, off-duty, and purely voluntary | United States: Regan is distinguishable—this injury occurred on-base and on-duty during a military event | Held: Regan is distinguishable; Feres applies here |
Key Cases Cited
- Feres v. United States, 340 U.S. 135 (U.S. 1950) (establishes that injuries to servicemen incident to service are barred from FTCA recovery)
- Regan v. Starcraft Marine, LLC, 524 F.3d 627 (5th Cir. 2008) (declined to apply Feres to purely voluntary off-base, off-duty recreational activity)
- Parker v. United States, 611 F.2d 1007 (5th Cir. 1980) (discusses continuum of duty status and that being on duty for the day supports Feres applicability)
- Morris v. Thompson, 852 F.3d 416 (5th Cir. 2017) (applied Feres to injuries during a military training function fostering camaraderie and team-building)
- Costo v. United States, 248 F.3d 863 (9th Cir. 2001) (observes recreational activities sponsored by the military can fall within Feres)
- Gros v. United States, [citation="232 F. App'x 417"] (5th Cir. 2007) (persuasive authority applying Feres where serviceman was on active duty and on base when injured)
- Warner v. United States, 720 F.2d 837 (5th Cir. 1983) (applies Feres to injuries on base during normal duty hours even when serviceman had temporary permission off duties)
- Mason v. United States, 568 F.2d 1135 (5th Cir. 1978) (applies Feres where serviceman was on active duty and on base at time of injury)