Schoenfeld

Lance Corporal Aaron Schoenfeld lost his leg while a passenger in his roommate’s car when it crashed into a previously damaged, but unrepaired, guardrail on a military base. The sole issue on appeal is whether the Feres doctrine, which immunizes the government from suit for injuries arising incident to military service, bars Schoenfeld’s claim against the government under the Federal Tort Claims Act (“FTCA”). The district court determined that the Feres doctrine bars Schoenfeld’s action and dismissed it for lack of subject matter jurisdiction. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we reverse and remand for further proceedings.

I.

Aaron Schoenfeld was a Lance Corporal in the United States Marine Corps stationed at Marine Corps Base, Camp Pendleton in Southern California. He was generally on duty from Monday to Friday and had weekends off. On Friday, July 13th, 2001, Schoenfeld finished up work in the afternoon and began his weekend liberty. “Liberty” is a short period during which servicemen are permitted to leave the base at will. They are not required to seek permission in their comings and goings, or to report on their whereabouts. Liberty status is subject…