JACKSON v. TATE

No. 10-35355.

648 F.3d 729 (2011)

Keith J. JACKSON, Plaintiff-Appellant, v. Richard A. TATE; Randy L. DeCoteau, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 2, 2011.


Attorney(s) appearing for the Case

James W. Beck , (argued), Eric D. Gilman , Gordon Thomas Honeywell LLP, Tacoma, WA, for the appellant.

Jenny A. Durkan , United States Attorney, Philip H. Lynch , (argued), Assistant United States Attorney, Seattle, WA, for the appellees.

Before: ANDREW J. KLEINFELD, A. WALLACE TASHIMA, and BARRY G. SILVERMAN, Circuit Judges.


OPINION

SILVERMAN, Circuit Judge:

We hold today that the Feres doctrine does not bar a discharged serviceman, who remains in the Individual Ready Reserve, from suing active duty National Guard recruiters whom he accuses of forging his signature on re-enlistment papers. Feres does not apply because the alleged injury is not "incident to" the plaintiff's service; indeed, the tortious conduct complained of allegedly occurred as a predicate to...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases