Can a Soldier Sue the Army

Can a Soldier Sue the Army

Can a Soldier Sue the Armyの基本情報から最新動向までをわかりやすく整理しました。

There’s this old thing called the Feres Doctrine. It’s from a 1950 case where a soldier died in a barracks fire. The Supreme Court said: "Nope. You can’t sue." Why? Because military service is "incidental to combat." Even if you never see a battle.

Think of it like this: The army is a giant, grumpy robot. If you join, you’re one of its gears. Gears don’t sue other gears. They just grind. This rule covers nearly everything: medical malpractice, faulty equipment, even a parachute that doesn’t open.

But Wait—There’s a Loophole? (Sort Of)

Here’s the funny part. Civilian doctors at a military hospital? You can sue them. Why? Because they aren’t in the chain of command. They’re just contractors with fancy degrees. A 2018 case let a soldier sue a private hospital for a botched surgery. Cha-ching! But the army itself? Still immune.

Another weird one: If a soldier gets hurt by a non-military person (like a drunk driver on base), they can sue the driver. But if the driver is a fellow soldier on duty? Feres says “no dice.” Laws are weird, folks.

田中 結衣
著者

田中 結衣

グルメと旅を愛するフリーライター。全国各地の隠れた魅力を独自の視点から紹介します。