Alan E. Davis v. United States of America, Lt. Col. R. E. Stoffey

Alan E. Davis brought this action under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. §§ 1346 (b), 2671-2680, against the United States and Lt. Col. R. E. Stoffey, Davis’s commanding officer in the Marine Corps. Davis sought damages for alleged intentional misuse of General Court-Martial proceedings. The district court dismissed, holding that the action was barred by the doctrine developed in Feres v. United States, 340 U.S. 135 , 71 S.Ct. 153 , 95 L.Ed. 152 (1950). Because Feres applies to Davis’s intentional tort claim against the Government, and because the district court lacked subject matter jurisdiction as to Lt. Col. Stoffey, we affirm.

At the time of the events on which Davis’s claim is based, he was a First Lieutenant in the Marine Corps. In 1975 two servicemen filed charges against Davis with the Naval Investigative Services (“NIS”). The claimants alleged that Davis had made homosexual attacks upon them. The NIS investigated the charges and forwarded its report to Davis’s commanding officer, defendant Stoffey.

An administrative investigation was initiated to determine if Davis should be discharged. Davis, represented by counsel, produced evidence that one of the…