Latchum

MEMORANDUM *

Army Chief Warrant Officer (CWO) John Russell Latchum was shot and killed by civilian trespassers while vacationing on authorized leave at the Waianae Army Recreational Center (WARC), Hawaii. His wife, Wendy N. Latchum, individually and as parent and guardian ad litem of their minor children, and as special administrator of his estate, appeals the district court’s Fed.R.Civ.P. 12(b)(1) dismissal of her action brought under the Federal Tort Claims Act, 28 U.S.C. § 2674 , (FTCA) against the United States. The district court dismissed the action for lack of subject matter jurisdiction pursuant to the Feres doctrine, which bars FTCA suits for service-related injuries to service members, and suits for derivative injuries sustained by a soldier’s family members. Feres v. United States, 340 U.S. 135 , 71 S.Ct. 153 , 95 L.Ed. 152 (1950). We have jurisdiction over this timely appeal under 28 U.S.C. § 1291 . We review de novo, Dreier v. United States, 106 F.3d 844, 847 (9th Cir.1996), and we affirm.

. “[Wjhatever the original scope of the Feres doctrine, it is clear that it has been interpreted ... by our court ... to include military-sponsored recreational programs.” Costo…