context: The second reason is more compelling. Feres does not bar suits against the government when the injured plaintiff is a civilian. This remains the case even though the injurer is in the military and military discipline is directly involved.
citation_a.signal: but cf.
citation_a.identifier: 581 F.2d 785, 788
citation_a.parenthetical: West German air force pilot killed while conducting joint training mission with U.S. Air Force barred by Feres from suing United States Government for alleged Air Force negligence
citation_a.sentence: See e.g. Sheridan v. United States, 487 U.S. 392, 401, 108 S.Ct. 2449, 2455, 101 L.Ed.2d 352 (1988) (injured civilian shot by drunken serviceman could sue government under FTCA for navy personnel’s negligence in knowingly allowing drunken serviceman to leave navy base with rifle); Doggett, 875 F.2d at 689-95 (government may be held liable under the FTCA for injuries sustained by a civilian as a result of Navy’s negligent supervision of drunken personnel); Kohn v. United States, 680 F.2d 922, 926 (2d Cir.1982) (Feres — though it precluded recovery by the estate of a murdered serviceman — did not bar claims by his bereaved parents for the Army’s alleged infliction of emotional distress on them subsequent to their son’s death); but cf. Daberkow v. United States, 581 F.2d 785, 788, (9th Cir.1978) (West German air force pilot killed while conducting joint training mission with U.S. Air Force barred by Feres from suing United States Government for alleged Air Force negligence).
citation_b.signal: see
citation_b.identifier: 108 S.Ct. 2449, 2455
citation_b.parenthetical: injured civilian shot by drunken serviceman could sue government under FTCA for navy personnel's negligence in knowingly allowing drunken serviceman to leave navy base with rifle
citation_b.sentence: See e.g. Sheridan v. United States, 487 U.S. 392, 401, 108 S.Ct. 2449, 2455, 101 L.Ed.2d 352 (1988) (injured civilian shot by drunken serviceman could sue government under FTCA for navy personnel’s negligence in knowingly allowing drunken serviceman to leave navy base with rifle); Doggett, 875 F.2d at 689-95 (government may be held liable under the FTCA for injuries sustained by a civilian as a result of Navy’s negligent supervision of drunken personnel); Kohn v. United States, 680 F.2d 922, 926 (2d Cir.1982) (Feres — though it precluded recovery by the estate of a murdered serviceman — did not bar claims by his bereaved parents for the Army’s alleged infliction of emotional distress on them subsequent to their son’s death); but cf. Daberkow v. United States, 581 F.2d 785, 788, (9th Cir.1978) (West German air force pilot killed while conducting joint training mission with U.S. Air Force barred by Feres from suing United States Government for alleged Air Force negligence).