United States Ninth Circuit

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Ritchie v. US, 11-16535

The district court's dismissal under the of a Federal Tort Claims Act wrongful death action brought against the United States, alleging that officers in the United States Army caused the death of his infant son by ordering his pregnant wife, a servicewoman on active duty, to perform physical training in contravention of her doctor's instructions, which ultimately induced premature labor, is affirmed, where: 1) the Feres doctrine, which immunizes the United States from liability for tort claims arising out of activities incident to military service, barred plaintiff's wrongful death claims; and 2) an "in utero" exception to Feres, employed by other circuits, did not apply.

Appellate Information

  • Decided 10/24/2013
  • Published 10/24/2013

Judges

  • NGUYEN

Court

  • United States Ninth Circuit

Counsel