Beck v. United States, 2025 U.S. LEXIS 4480 (November 24, 2025)
Judges: Roberts, Thomas, Alito, Sotomayor, Kagan, Gorsuch, Kavanaugh, Barrett, Jackson.
This case is a discussion of the petition of writ of Certiorari which was denied. Justice Gorsuch would grant the petition. Justice Sotomayor wrote a short decision. She notes that as her colleagues explain, Feres v. United States is a difficult decision to justify. The Feres Doctrine barred recovery for claims arising from medical malpractice, sexual assault or even car accidents (as here). The Congress does have authority to change the law in this respect. For example, Congress ultimately decided to provide payments for certain service-related medical malpractice claims under the Military Claims Act rather than under the FTCA. Congress is aware of the Feres problem and could change it if it likes. Justice Thomas dissented from the denial of Certiorari. Here, a Staff Sergeant was killed by a civilian Government employee driving a government vehicle. His surviving wife sued under the FTCA. The claim was dismissed based on the Feres Doctrine; a judicially created Federal Tort Claims Act exception for injuries incident to military service.
For 38 years, the Supreme Court has given no clarity to a doctrine they created. When lower courts report confusion and are in disarray, Certiorari should be granted. As a result of that, Thomas respectfully dissented from the denial of certiorari.
The Circuits have split whether sexual assault by another soldier falls within the Feres doctrine. They have split whether injuries arising during recreational activities with military-owned equipment fall within the Feres doctrine. After the Eighth Circuits application of Feres here, they have split on whether a plaintiff who is injured in an off-duty, on-base car crash may sue.
