Michael Goncalves v. United States

Good Law
584 F. App'x 451
United States Court of Appeals for the Ninth CircuitAugust 4, 201412-16209California325 words

Opinion

Opinion

MEMORANDUM

Michael C. Goncalves, Cpt., appeals pro se the district court’s judgment dismissing his Federal Tort Claims Act action for lack of subject matter jurisdiction under Feres v. United States, 340 U.S. 135 , 71 S.Ct. 153 , 95 L.Ed. 152 (1950). We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal under the Feres doctrine. Jackson v. Tate, 648 F.3d 729, 732 (9th Cir.2011). We affirm.

The district court properly dismissed Goncalves’s claims relating to his internal military complaints for lack of subject matter jurisdiction under the Feres doctrine because Goncalves was an active duty service member of the United States Army Reserve during the events that formed the basis of this controversy, and his claims arose incident to his active military service. See Feres, 340 U.S. at 146 , 71 S.Ct. 153 (“[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.”); Bowen v. Oistead, 125 F.3d 800, 803-05 (9th Cir.1997) (discussing Feres doctrine and finding plaintiffs tort and constitutional claims contesting personnel decisions barred).

The…

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