The Feres doctrine is a judicially created rule that effectively bars servicemembers and their families from seeking relief under the Federal Tort Claims Act (FTCA) for injuries deemed “incident to service.” Although Congress waived sovereign immunity broadly in the FTCA and specified several exceptions, the Supreme Court added this extra-textual limitation in Feres v. United States (1950). This research in brief traces the doctrine’s lack of statutory footing, the confusion it has created in lower courts, and the continuing real-world consequences for servicemembers injured by noncombat negligence.

Key Findings:

• The doctrine affects a large population: about 1.33 million active-duty servicemembers and 770,000 National Guard and reserve members, along with their families.
• In fiscal year 2024, the US Department of Defense received 8,195 reports of sexual assault; negligent handling of those cases can fall outside any judicial remedy because of Feres.
• From 2020 to 2024, the military branches received 597 claims of medical malpractice and approved just 20. Without the Feres doctrine, all 597 of those claims could have been filed as lawsuits in federal court.
• Between fiscal years 2010 and 2019, more than 3,700 noncombat military vehicle accidents killed 123 servicemembers, yet claims involving the negligence of government employees are barred.
• Recent cases illustrate the doctrine’s reach: It barred recovery for the family of Staff Sergeant Cameron Beck after a fatal on-base traffic collision, for Ryan Carter after an elective surgery left him permanently disabled, for Jane Doe after West Point failed to follow required sexual-assault response procedures, and for Rebekah Daniel’s family after fatal postpartum medical negligence.

Policy Implications:

• Overturning Feres v. United States and clarifying that FTCA liability extends to noncombat injuries currently swept into the “incident to service” category would align the law more closely with the statute’s text, reduce doctrinal inconsistency across courts, and create a more predictable pathway for claims involving ordinary negligence.

Download the PDF here.

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