Purcell v. United States
United States Court of Appeals for the Seventh Circuit
656 F.3d 463 (2011)
Christopher Purcell, an active-duty Navy service member, told Navy and DOD personnel (defendants) he planned to commit suicide; after they briefly questioned him at his barracks and found no weapon, they allowed him to go to the bathroom with a friend, where he shot himself with a gun he had concealed. His father, Michael Purcell (plaintiff), sued the government under the Federal Tort Claims Act, alleging the personnel failed to calm Christopher, search him properly, or maintain custody of him; the district court dismissed the suit as barred by the Feres doctrine, and Michael appealed.
Whether the Feres doctrine bars a Federal Tort Claims Act action against the United States where an armed forces service member suffers injury or death arising out of or in the course of activity incident to service.