United States v. Montero-Camargo case brief

United States v. Montero-Camargo case brief summary
208 F.3d 1222 (2000)

CASE SYNOPSIS

Plaintiff appealed the order of the United States District Court For The District Of Kansas dismissing his complaint brought under the Federal Tort Claims Act for lack of subject matter jurisdiction.

CASE FACTS
Plaintiff filed complaint under the Federal Tort Claims Act (FTCA) on basis that he was injured while on active duty in the United States Army. Plaintiff was severely beaten by gang members in the club parking lot on the military reservation. Plaintiff sustained permanent brain damage and other physical injuries. The club was operated by the United States out of non-allocated funds as part of its morale, welfare, and recreation system. The club employed military personnel as bartenders and bouncers.


DISCUSSION

• The court applied the Feres doctrine exception to the FTCA's waiver of sovereign immunity barring FTCA claims when they were brought for injuries to servicemen where the injuries were incident to service. 
• The court determined that the injuries sustained by plaintiff were incident to service. 
• The plaintiff was on active duty when the injury occurred and the club was on the military base. 
• The club was established by the military and was subject to military regulation and control. 
• The club performed the essential governmental function of providing pleasure to military personnel. 
• The court held that the Feres doctrine barred plaintiff's action and affirmed the trial court.

CONCLUSION

The court affirmed the decision of the trial court, finding that the Feres doctrine barred plaintiff's action under the Federal Tort Claims Act due to a lack of subject matter jurisdiction by the court.

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