United States Tenth Circuit

Where a prisoner was incarcerated at a military prison and subject to the Uniform Code of Military Justice, alleged constitutional violations were incident to his military service, and his complete discharge did not place him beyond the ambit of the Feres doctrine, thus his claims were properly dismissed.

Appellate Information

• Decided 07/09/2002
• Published 07/09/2002

Judges

• MURPHY, Circuit Judge., Before HENRY, BALDOCK, and MURPHY, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Alison Ruttenberg, Boulder, CO, for Plaintiff-Appellant.


• For Appellees:
  
• Major JamesRoger Agar II, Of Counsel, U.S. Army Litigation Division, (Lieutenant Colonel Tara A. Osborn, Of Counsel, U.S. Army Litigation Division;  James E. Flory, United States Attorney, Topeka, Kansas;  D. Brad Bailey, Assistant United States Attorney, Topeka, KS;  with him on the brief), for Defendants-Appellees.