Diane Washington v. United States of America H. Lawrence Garrett III

Good Law
12 F.3d 1111·1993 WL 471790·1993 U.S. App. LEXIS 36394
United States Court of Appeals for the Ninth CircuitNovember 16, 199392-56330California2,397 words

Opinion

Opinion

12 F.3d 1111 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Diane WASHINGTON, Plaintiff-Appellant, v. UNITED STATES of America; H. Lawrence Garrett III, Defendants-Appellees. No. 92-56330. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 11, 1993. Decided Nov. 16, 1993. Before: TANG, FLETCHER and POOLE, Circuit Judges. 1 MEMORANDUM * 2 Diane Washington, a naval reservist, appeals the district court's order dismissing her action against the United States which alleges that she contracted HIV from an HIV-positive sailor as a result of the negligence of naval personnel. Because her suit is barred by the Feres doctrine, we affirm. FACTS AND PROCEDURAL HISTORY 3 The following facts are undisputed unless otherwise noted. 4 Diane Washington, a member of the United States Naval Reserve who worked part-time as a journalist for the Navy, 1 met Petty Officer John Joseph in December 1988. They became friendly as a result of working in the same office and, on…

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