Richard Dexheimer v. United States of America

Richard Dexheimer, a private in the United States Army, sued the United States under the Federal Tort Claims Act, 28 U.S.C. §§ 1346 (b), 2671-2680, alleging that while confined to the United States Disciplinary Barracks at Fort Leavenworth, Kansas, he was physically and sexually assaulted by other inmates. The district court, relying on Feres v. United States, 340 U.S. 135 , 71 S.Ct. 153 , 95 L.Ed. 152 (1950), granted summary judgment in favor of the United States, and Dexheimer appeals. We affirm the judgment of the district court.

Dexheimer’s alleged injuries occurred while he was a serviceman and the case falls within the Feres holding that “the 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.” 340 U.S. at 146 , 71 S.Ct. at 159 .

Dexheimer was found guilty of theft at Fort Carson, Colorado, after a general court-martial on December 1, 1975, and was sentenced to 18 months imprisonment, forfeiture of pay, and a bad conduct discharge. Pending mandatory review by the Court of Military Review, which affirmed the sentence on April 23, 1976, Dexheimer was…