Stauber v. Cline

837 F.2d 395 Frederick C. STAUBER, Plaintiff-Appellant, v. Richard A. CLINE; Fred C. Scharper; Ray Dugan, Defendant-Appellee, and State of Alaska; Department of Military and Veterans Affairs, Office of the Adjutant General; State Review, State Review and Appeals Board, Defendants. No. 86-4233. United States Court of Appeals, Ninth Circuit. Argued June 4, 1987. Submitted July 2, 1987. Decided Jan. 20, 1988. Joseph N. Barcott, Anchorage, Alaska, for plaintiff-appellant. Malcolm Logan, Asst. U.S. Atty., Anchorage, Alaska, for defendant-appellee. Appeal from the United States District Court for the District of Alaska. Before POOLE and CANBY, Circuit Judges, and RAUL RAMIREZ, * District Judge. CANBY, Circuit Judge: 1 The issue before us is whether intramilitary immunity bars a state-law tort action between civilian technicians for the Alaska Army National Guard who were also necessarily National Guard members when the actions arose, and whether the district court correctly held that plaintiff's injuries arose incident to military service. We conclude that defendants are immune under the doctrine of Feres v. United States, 340 U.S. 135 , 71 S.Ct. 153 , 95 L.Ed. 152 (1950), and affirm…