Sigman

On June 20, 1994, less than one month after his honorable discharge from the United States Air Force, Dean Mellberg entered Fairchild Air Force Base near Spokane, Washington and opened fire, killing 4 people and wounding 28 others. The dead included two doctors who had months earlier diagnosed Mellberg as dangerous. The representatives of 19 of the victims filed these actions claiming the United States should be held liable on various theories of negligence for Mellberg’s enlistment, for his subsequent retention in the Air Force despite bizarre behavior and unfavorable medical evaluations, and for his eventual honorable discharge into society without being given any serious medical or psychological treatment.

The government moved for summary judgment, claiming all of its challenged conduct was the product of military judgment and decision making protected by the “discretionary function” exception to the Federal Tort Claims Act (FTCA). See 28 U.S.C. § 2680 (a). The plaintiffs responded that none of the challenged conduct was shielded by immunity under the FTCA. The district court granted the government’s motion only in part and both sides appeal after certification for…