King

ORDER FOR PARTIAL SUMMARY JUDGMENT PURSUANT TO FED.R.CIV.P.

MEMORANDUM DECISION AND OPINION

The United States Government operates department stores on most Army and Air Force military installations through the Army and Air Force Exchange Service. One such store is the McClellan AFB Exchange (hereinafter “BX”).

On June 15, 1985, while shopping at BX, Elsa King, wife of the now late Staff Sergeant Hartwell E. King, Jr. (SSgt. King), was detained by a BX supervisor for suspected shoplifting. At the time, SSgt. King was on personal leave in another state, was uninvolved in the arrest, and was unaware of it.

When he returned on Monday, June 17, 1985, SSgt. King was ordered to meet with Colonel Reighn that same day. This he did. Reighn discussed with him his wife’s arrest. The next day, June 18th, he committed suicide.

Ms. King, who subsequently was cleared of any shoplifting accusations, charges that the actions of the BX supervisor, a federal government employee, in arresting her brought shame, discredit, and emotional and mental distress to her husband, causing him tragically to take his own life. She filed suit on behalf of herself and her two daughters against the United…