United States v. Johnson (1987)

For other uses, see United States v. Johnson.

United States v. Johnson
Supreme Court of the United States
Argued February 24, 1987
Decided May 18, 1987
Full case nameUnited States v. Johnson, Personal Representative of the Estate of Johnson
Citations481 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
PriorJohnson 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
Chief Justice
William Rehnquist
Associate Justices
William J. Brennan Jr. · Byron White
Thurgood Marshall · Harry Blackmun
Lewis F. Powell Jr. · John P. Stevens
Sandra Day O'Connor · Antonin Scalia
Case opinions
MajorityPowell, joined by Rehnquist, White, Blackmun, O'Connor
DissentScalia, 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."

  1. ^ United States v. Johnson, 481 U.S. 681 (1987).