Kenneth L. Jackson, Jr. v. Terry L. Brigle, Russell A. Ezovski, William A. Wallace, John S. Lewis

Jackson of the United States Ar Force filed a civil action in federal district court against the United States and various agents of the Ar Force Office of Special Investigations (“AFOSI”), alleging causes of action under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 , 91 S.Ct. 1999 , 29 L.Ed.2d 619 (1971) and the Federal Tort Claims Act (“FTCA”), 28 U.S.C. § 2671 et seq. The United States, on behalf of those agents and itself, moved to dismiss these claims on the ground that it was immune from suit under Feres v. United States, 340 U.S. 135 , 71 S.Ct. 153 , 95 L.Ed. 152 (1950) and its progeny. The district court denied that motion and the individual defendants appeal. The notice of appeal named as appellants only the individual defendants, not the United States. Thus, under Torres v. Oakland Scavenger Co., 487 U.S. 312, 314-18 , 108 S.Ct. 2405, 2407-09 , 101 L.Ed.2d 285 (1988), the United States is not a party to this appeal. We reverse and instruct the district court to dismiss the Bivens claims. Former Lieutenant Colonel Kenneth

I.

JURISDICTION

The present appeal challenges an order of the district court denying appellants’ motion…