United States Sixth Circuit

In an intentional infliction of emotional distress action against the U.S. based on an Army Reserve disciplinary proceeding, the dismissal of the complaint is affirmed, where Plaintiff's claim arose out of an injury to a serviceman where the injuries arose out of the course of activity incident to service.

Appellate Information

• Decided 06/26/2009
• Published 06/26/2009

Judges

• Before MOORE and GILMAN, Circuit Judges;  PHILLIPS, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Kevin P. Podlaski, Carson Boxberger LLP, Fort Wayne, Indiana, for Appellant.  Patrick D. Quinn, Assistant United States Attorney, Dayton, Ohio, for Appellee.   ON BRIEF:  Kevin P. Podlaski, Diana Carol Bauer, Carson Boxberger LLP, Fort Wayne, Indiana, for Appellant.  Patrick D. Quinn, Assistant United States Attorney, Dayton, Ohio, for Appellee.