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Keywords

tortnegligenceappealsustained
tortappealsustained

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Schnitzer v. Harvey, 389 F.3d 200, 363 U.S.App.D.C. 412

Facts

Schnitzer was serving a 29-year sentence at the United States Disciplinary Barracks (USDB) after being court-martialed for serious crimes. On May 24, 1997, while watching television in a common area, a portion of the ceiling collapsed on him, causing significant injuries. He filed a suit under the Federal Tort Claims Act, claiming negligence in the maintenance of the facility, but the district court dismissed the case, citing the Feres doctrine.

Schnitzer was injured on May 24, 1997 when a portion of a ceiling at the USDB collapsed on him. His injury occurred on a Saturday while Schnitzer was watching television in an inmate common area.

Issue

Whether the Feres doctrine bars a Federal Tort Claims Act suit brought by a military prisoner for injuries sustained while engaged in a recreational activity within a military facility.

Whether the Feres doctrine bars a Federal Tort Claims Act suit brought by a military prisoner for injuries sustained while engaged in a recreational activity within a military facility.

Rule

The Feres doctrine prohibits tort claims by military personnel against the U.S. government for injuries that arise out of or are in the course of activities incident to military service.

The Feres doctrine prohibits tort claims by members of the military against the U.S. government for injuries suffered 'incident to service.'

Analysis

The court applied the three-part 'incident to service' test from Verma v. United States, considering Schnitzer's active duty status, the location of the injury within a military facility, and the nature of his activity at the time. The court concluded that Schnitzer was on-duty while watching television, as recreational activities are part of a military prisoner's duties. Thus, his injury was deemed incident to his military service, falling under the Feres doctrine.

The court applied the three-part 'incident to service' test from Verma v. United States, considering Schnitzer's active duty status, the location of the injury within a military facility, and the nature of his activity at the time.

Conclusion

The Court of Appeals affirmed the district court's dismissal of Schnitzer's suit, concluding that the Feres doctrine barred his claim as the injury occurred incident to his military service.

The Court of Appeals affirmed the district court's dismissal of Schnitzer's suit, concluding that the Feres doctrine barred his claim as the injury occurred incident to his military service.

Who won?

The United States prevailed in the case because the court found that Schnitzer's injury was incident to his military service, thus falling under the Feres doctrine which prohibits such claims.

The United States prevailed in the case because the court found that Schnitzer's injury was incident to his military service, thus falling under the Feres doctrine which prohibits such claims.

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