Crout

*603 MEMORANDUM *

John B. Crout appeals the district court’s order granting summary judgment in favor of the Washington State defendants, and granting the United States defendants’ motion to dismiss. Crout sued the State of Washington, the Washington Army National Guard, the United States Department of Defense and the National Guard Bureau, alleging conspiracy, institutionalized discrimination and defamation. We review the district court’s decisions de novo and affirm.

Under the Feres doctrine, “members of the armed forces may not bring an action against the Government or armed services personnel for injuries during activity under the control or supervision of a commanding officer.” Hodge v. Dalton, 107 F.3d 705, 710 (9th Cir.1997) (citing McGowan v. Scoggins, 890 F.2d 128, 132 (9th Cir.1989)). See Feres v. United States, 340 U.S. 135, 146 , 71 S.Ct. 153 , 95 L.Ed. 152 (1950). Courts decline to review these employment actions because “ ‘the relationship between enlisted military personnel and their superior officers ... is at the heart of the necessarily unique structure of the Military Establishment.’ ” Mier v. Owens, 57 F.3d 747, 749-50 (9th Cir.1995) (quoting Chappell v.…