United States Ninth Circuit

In an action involving a claim by the plaintiff that National Guard recruiters forged his signature on re-enlistment papers, judgment of the district court dismissing complaint for lack of subject matter jurisdiction is reversed because the Feres doctrine does not bar a discharged serviceman, who remains in the Individual Ready Reserve, from suing active duty National Guard recruiters and where the recruiters meet the prima facie test as federal employees under the Westfall Act.

Appellate Information

• Decided 06/02/2011
• Published 06/02/2011

Judges

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• James W. Beck, Jenny A. Durkan