Futrell v. U.S.

Federal 7th Circuit Court
Civil Court
Federal Tort Claims Act
Citation
Case Number: 
No. 16-3079
Decision Date: 
June 8, 2017
Federal District: 
S.D. Ind., Indianapolis Div.
Holding: 
Affirmed

Dist. Ct. did not err in dismissing plaintiff’s claim under Federal Tort Claims Act, alleging that defendant-govt.’s delay in making certain incapacitation payments caused him emotional distress. Plaintiff’s alleged injuries occurred at time when he was still in military and concerned Army’s alleged delay in paying him certain benefits. As such, Feres doctrine applied so as to require dismissal of instant claim, where plaintiff’s injuries were allegedly caused by negligence of others in armed forces.