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DAY v. MASSACHUSETTS AIR NAT. GUARD

No. 98-1727.

167 F.3d 678 (1999)

Andrew DAY, Plaintiff, Appellant, v. MASSACHUSETTS AIR NATIONAL GUARD, United States Department of the Air Force, James Duclos, Richard Duquette, James Towle, Duane Caton, James Balisle, and John Does 1-8, Defendants, Appellees.

United States Court of Appeals, First Circuit.

January 29, 1999.

Attorney(s) appearing for the Case

Daniel E. Bruso with whom Mark D. Mason and Cooley, Shrair P.C. were on brief for appellant.

Karen L. Goodwin, Assistant United States Attorney, with whom Donald K. Stern, United States Attorney, was on brief for appellees.

Before BOUDIN, LYNCH, and LIPEZ, Circuit Judges.

BOUDIN, Circuit Judge.

This case presents uncommonly difficult questions as to whether a serviceman, subject to assault and battery in an on-base hazing incident properly described by the district court as "despicable," may recover damages from the government or from military personnel variously connected to the attack. The district court ruled that the claims were barred by the doctrine of Feres v. United States, 340 U.S. 135

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