Schmid

ORDER GRANTING MOTION TO DISMISS

Plaintiff, an active duty member of the United States Marine Corps at the time this action was commenced, filed suit on January 27, 1976, pursuant to 28 U.S.C. §§ 1331 , 1361, 2241, 2242, 2243, and the Fifth Amendment, alleging that his military superiors had willfully denied him his rights as guaranteed by the Fifth Amendment, 10 U.S.C. § 5947 , and the Uniform Code of Military Justice, and asked for a writ of habeas corpus ordering his discharge from the Marine Corps, a temporary restraining order enjoining his transfer, and damages in the sum of $250,000. Plaintiff was subsequently discharged in June 1976, at which point the sole issue in this case became whether he was entitled to recover damages against his former superior officers for a “constitutional tort” under the Fifth Amendment. This Court concludes that the Feres doctrine bars plaintiff from bringing his action and therefore dismisses his complaint.

FACTUAL BACKGROUND

On January 28, 1973, plaintiff enlisted in the United States Marine Corps. Beginning in December 1974 he acted as an informant for the United States Navy and Marine Corps at the Alameda Naval Air Station (“Alameda”),…