Feres Doctrine? Do you want it gone?

[eric]

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-------- Original Message --------
Subject: Feres Doctrine? Do you want it gone?
Date: Sat, 27 Jul 2002 1327 -0600
From: tom segel Reply-To: tomsegel@aol.com
Organization: self

I have received numerous requests from the military community to do some commentary on the Feres Doctrine. At this time I am in a quiet time while I am researching and collecting materials for some magazine features. I also completed my Leatherneck feature on deadline....so, I have some time to devote to this topic.

You know my style by now. I try to put a human face on issues. So, if you have been boxed in by the Feres Doctrine and have a
story to tell.....send it to me. Remember to keep it concise. We need to address your particular issue in a paragraph or two. I also know you
attorneys out there would like to see the Feres Doctrine gone. Perhaps you can explain to me why it is bad legislation.

If by some chance there is a person out there who feels Feres is a "good thing", I'd like to hear from you and include your remarks in the mix.

I will await input.

Semper Fidelis,

Tom Segel
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Thanks,

eric

[RobH]

I do think that it needs to be modified.

Seems I remember that there was an incident in Vietnam when some artillery shells were defective and blew up when loaded destroying the breach of the guns and killed the gunners....their families sued and won damages and the outcome was that "military personnel", even those in combat are entitled to good products, and that companies providing faulty products were liable. I don't recall if the fed took a hit on this or not.

But in the case of wrong doing by drill sgts or others.....there has to be more than a visit from a chaplain. I'm not talking about mega-millions, but there has to be some sort of penalty assessed against the wrongdoers. My only fear is that if the document is re-written wrongly.....it could open the door for spurious and bogus harassment type lawsuits.....on a grand scale. I really can't see the tax payers of this country being saddled with "broken fingernail or hangnail lawsuits".......

[Keith_Hixson]

There is a reason behind the Feres Doctrine. In battle stuff happens. Action is fast and furious. Orders are given. The leadership needs protection. To Remove the Feres Doctrine would lead to many, many problems.

However the doctrine may be too broad and could be narrowed. If stupid decisions are made in non stress peace time situation, those responsible for those decisions should be held responsible for their decision.

However, It was adopted for a reason. To wipe it off the books would be foolish indeed. Modify the doctrine but do it very carefully.

Keith

[eric]

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Thanks,

eric