Gadbois

Gadbois v. United States

Good Law
58 F. App'x 310
United States Court of Appeals for the Ninth CircuitFebruary 26, 2003No. 01-35873; D.C. No. CV-00-00067-JLQCalifornia429 words

Opinion

Lead Opinion

MEMORANDUM **

Plaintiffs William E. Gadbois (“Gadbois”) and Eric C. Flanagan (“Flanagan”) appeal the district court’s order dismissing their claims for damages under the federal Wiretap Act, 18 U.S.C. §§ 2510 , et. seq., on grounds that the claims were barred by the doctrine of intramilitary immunity established in Feres v. United States, 340 U.S. 135 , 71 S.Ct. 153 , 95 L.Ed. 152 (1950), and by the doctrine of qualified immunity.

As the district court noted in its extensive and careful analysis, under the Feres doctrine, members of the armed services cannot sue the government for injuries that “arise out of or are in the course of activity incident to service.” Id. at 146 , 71 S.Ct. 153 . We have interpreted the doctrine broadly, finding it applicable “whenever a legal action would require a civilian court to examine decisions regarding man *311 agement, discipline, supervision, and control of members of the armed forces of the United States.” Bowen v. Oistead, 125 F.3d 800, 804 (9th Cir.1997) (internal quotation marks and citations omitted).

Here, the actions of the individual service members other than Anderson arose out of an investigation into potential Uniform Code of…

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