Feres Doctrine


Hello Friends,

The Feres Doctrine is a little known piece of American law that has essentially shut down the Burke Law Firm case against the DOD, Pentagon and SOD’s.  So what is it and why is it so powerful – a brief definition:

A  doctrine that bars claims against the federal government by members of the armed forces and their families for injuries arising from or in the course of activity incident to military service.

Many people are angry with the judge in the case – however, it isn’t the judge’s fault.  He is bound by the law and the law states that injuries arising from military service cannot be litigated in this manner.  I am not sure why the Burke Law Firm didn’t take this into account, but they didn’t. 

As horrible as this is – I have a solution!  I think it might work.  In essence, being raped in the military is an “occupational hazard.”  Just like working with asbestos causes mesothelioma and Agent Orange causes a “kitchen sink” worth of problems.

Call me silly – but my recruiter never mentioned “getting raped” as a potential hazard of military service.  Oh, I knew I could get hurt or get killed.  I knew I could end up stationed in the scrotum of the universe.  I knew that I would have to wear ugly glasses in Basic Training – I was never told I would get raped!  I was never told that 1 in 3 Women are raped in the service.  Were you?

So, is this something that we could bring to court under “failure to disclose.”  I mean, if the recruiter knew (and since my recruiter was the same recruiter that raped Brigid!!) that rape was occurring, wouldn’t he have an obvious responsibility to release that information?

Sort of makes sense to me.  What do you all think?

Peace and Love!

Joan

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2 Responses to “Feres Doctrine”

  1. Jeffrey Ziegler Says:

    Every time I see a post on the Feres Doctrine, it makes the hairs on the back of my neck stand up. I should know because I have been down that same road too already. I even went to federal court in attempt to defend my case. Be aware that Feres also protects the US military from legal malpractice.

    While I was on active duty with the US Army, I was threatened by a US Army lawyer named Captain Matthew Fitzgerald to do something which was contrary to the US Army legal regulations (which I did not know at the time but he did). Fitzgerald’s motive was to tout this as his first accomplishment on his annual performance report of which I later got a copy. This threat resulted in my losing over $50,000 of my personal funds.

    When I asked the top lawyer (now Lieutenant General Dana Chipman) for assistance, the first thing they did was appoint Fitzgerald’s previous boss and a very obvious friend to “investigate.” Since there was no wrongdoing found as a result of this faux investigation but specifics were protected by the Privacy Act , I filed the same complaint with Fitzgerald’s Oregon State Bar which is NOT PROTECTED under privacy laws. Evidence showed that Fitzgerald lied no less than 10 times to his Oregon State Bar.

    It was all thrown out of federal court due to Feres although I had a slam-dunk case with all evidence in my favor. In fact, I was never even able to get into court and present my case. The judge simply had his law clerks cut-and-paste a previous reply to a previous case. Just to add insult to my financial injury, Fitzgerald got promoted to Major. Feres was NEVER designed 60 years ago to protect against torts, corruption, misdeeds, and cover-ups by US Army lawyers. Today it protects against everything.

  2. enemyinthewire Says:

    Hi, Jeffrey,

    Thank you very much for sharing your story. It really goes to show that the “good ole boy system” is alive and well – and it isn’t just in the MST arena.

    The Feres doctrine makes me sick! I can understand some of it’s purpose – but the reality is that it is nothing more than a “get out of jail free” card for corruption, abuse and violence.

    Thank you for speaking out! Peace and Blessings, Friend.

    Joan

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