United States v. Johnson | |
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Argued February 24, 1987 Decided May 18, 1987 | |
Full case name | United States v. Johnson, Personal Representative of the Estate of Johnson |
Citations | 481 U.S. 681 (more) 107 S. Ct. 2063; 95 L. Ed. 2d 648; 1987 U.S. LEXIS 2055; 55 U.S.L.W. 4647 |
Case history | |
Prior | Johnson v. United States, 749 F.2d 1530 (11th Cir. 1985), affirmed on rehearing, 779 F.2d 1492 (11th Cir. 1986) |
Holding | |
The Feres doctrine bars an FTCA action on behalf of a service member killed during an activity incident to service, even if the alleged negligence is by civilian employees of the Federal Government. | |
Court membership | |
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Case opinions | |
Majority | Powell, joined by Rehnquist, White, Blackmun, O'Connor |
Dissent | Scalia, joined by Brennan, Marshall, Stevens |
Laws applied | |
Federal Tort Claims Act |
United States v. Johnson, 481 U.S. 681 (1987), was a United States Supreme Court case in which the Court barred the widow of a serviceman killed while piloting a helicopter on a United States Coast Guard rescue mission from bringing her claim under the Federal Tort Claims Act (the "FTCA" or the "Act").[1] The decision was based upon the Supreme Court's holding in Feres v. United States (1950): "[T]he Government is not liable under the Federal Tort Claims Act for injuries to servicemen where the injuries arise out of or are in the course of activity incident to service."