Tuesday, August 23, 2011

Seventh Circuit -- Michael Purcell v. USA

Michael Purcell v. USA

   Wrongful death suit by family of serviceman who committed suicide barred by Feres exception in FTCA for injuries related to service.  

 Holding limited to facts of case - serviceman living on base reports suicidal impulse, counselors sent, but they allow decedent to visit restroom observed by a friend, decedent then kills self with gun hidden in waistband.  Counselors faced subsequent military court proceeding.

Decedent was centerline Feres, according to court, as issues developed after enlistment, and events happened on base and subject to military regs.



Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

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Author's SSRN page here.