Federal Tort Claims Act - Anderson v. United States: The Feres Doctrine and Activity Incident to Service

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Authors
Rauterkus, Jerald Lawrence
Issue Date
1984
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Journal Article
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INTRODUCTION|In Anderson v. United States, the Eighth Circuit Court of Appeals confronted the issue of whether a serviceman who had been declared absent without leave (AWOL) could bring, under the Federal Tort Claims Act, suit against the United States Government for unlawful arrest and detention. The Federal Tort Claims Act (FTCA) allows citizens to sue the United States Government based on the Government's alleged negligence. It is only in specific instances that Congress has granted the Government immunity from suit. The only noncongressionally created instance of governmental immunity is the judicially created Feres Doctrine. In Anderson v. United States, this doctrine was applied to bar Anderson from ever presenting his claim in court. This note will examine the development of the Feres Doctrine in light of the FTCA. The Eighth Circuit's interpretation and application of this doctrine will also be examined. Finally, the question as to whether Anderson v. United States is a proper application of this doctrine as it now exists or whether it is a further expansion of a judicially created exception will be addressed...
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17 Creighton L. Rev. 1391 (1983-1984)
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Creighton University School of Law
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