Sueanne C. Lewis v. United States

This action was brought under the Federal Tort Claims Act, to secure damages for the wrongful death of a Marine Corps pilot. It presents the question whether the Feres doctrine bars claims against the government for injuries sustained by military personnel during an activity incident to service when those injuries are caused by the intentional acts of government employees. We hold that the policies supporting the Feres doctrine require that it also bar intentional tort claims asserted against the government by military personnel.

I

The widow of Lt. Colonel Julius Mack Lewis, Jr. brought this action after he died in the crash of a Marine Corps plane in El Toro, California on September 26, 1975. She alleged that the crash was caused by the “negligence or wrongful acts or omissions” of government employees in maintaining, operating, and controlling the aircraft. In her first amended complaint, these wrongful acts were characterized as sabotage. Lewis also alleged that her administrative claim for damages totaling $10,000,000.00 had been denied by the Government.

The United States moved for dismissal, arguing that because Lt. Colonel Lewis died in the course of an activity incident…