CAN YOU SUE THE MILITARY?
Legal action is always tricky. But, when it involves the U.S. government and/or military, things get that much more complex. However, you can sue the military, though this comes with several caveats. For example, active-duty service members are currently unable to sue the military in court, but the Richard Stayskal Medical Accountability Act, enacted in 2019, offers some compensation for victims of military medical malpractice. Additionally, a recent Federal court ruling overturned a ruling on the Feres doctrine, permitting service members to sue others in uniform for harm caused by sexual assault. This move by the U.S. Supreme Court could open the door to more lawsuits against the military. Still, whether or not you are actively in the military is going to affect your ability to pursue legal actions. Why you are suing will also matter when filing a case against the government. Keep in mind that because of the nature of these topics, this guide is meant more of a reference point than anything absolute. Always speak with a licensed attorney before pursuing any legal action, regardless of the circumstances.
Suing as a Veteran
Veterans have opportunities to sue the U.S. military, some of which we discuss below. However, this is where a lawyer comes in handy as there are variables, including statutes of limitations, that may hinder your ability to file. Suggested read: The Bloody Hundredth Helps Bring the Masters of Air True Story to Life
Suing as a Spouse
Because of the Federal Tort Claims Act (FTCA), there are avenues to sue the military by civilians; however, as is a recurring theme here, it all depends on how, when, and why you file.
Considerations Before Suing
Building a case against the U.S. government, the American Armed Forces, the U.S. Department of Veterans Affairs (VA), or any similar entity is going to be difficult no matter what. Whereas there are certain high-profile cases for suing, on an individual basis, the government generally has plenty of legislation protecting it from liability. Beyond the Feres doctrine, it’s also worth noting that military courts work differently than the civilian court system, including the implementation of the Uniform Code of Military Justice (UCMJ). Overall, if you believe you have a case, be sure to speak with your legal counsel about the best course of action but be prepared for the potential of limited options being available. Related read: How To Get Compensated Through Camp Lejeune Justice Act
Can You Sue the Military for Emotional Distress?
The Military Claims Act (MCA) is the framework for resolving claims stemming from personal injury, death, or property damage caused by Department of Defense (DoD) personnel. These claims are payable only if they result from negligent or wrongful acts within the scope of DoD employment. Additionally, MCA claims can arise from DoD accidents or non-combat activities, with liability extending to authorized military activities regardless of specific acts or omissions. U.S. citizens and inhabitants may file claims for personal injury and property damage, while military personnel and civilian employees can only claim for property damage. Claims for emotional distress are considered under specific circumstances, such as physical injury resulting from the incident or immediate family membership coupled with physical manifestations of distress. The intentional infliction of emotional distress may also be grounds for a suit but can vary from case to case. Furthermore, several examples of negligence or intentional infliction of emotional distress are excluded. This includes the abuse of process, assault, battery, false arrest, false imprisonment, libel, malicious prosecution, or slander.
Can You Sue the Military for Negligence or Medical Malpractice?
Civilians and Veterans can sue for negligence and/or medical malpractice, in some cases, thanks to the Federal Tort Claims Act (FTCA). The FTCA and MCA allow plaintiffs to file cases against domestic military bases or VA hospitals for failure to meet the standard of care. Furthermore, the Richard Stayskal Medical Accountability Act, named after SFC Richard Stayskal, who was misdiagnosed with terminal lung cancer, allows active-duty members to file administrative claims against the U.S. for injury or death resulting from medical care provided by federal employees.
Can a Military Member Sue Another Military Member?
Fellow service members have protection from legislation in some cases, which can make lawsuits difficult. However, in the civilian court system, options may still be available. On that note, the Servicemembers Civil Relief Act (SCRA) protects service members until a deployment or tour is over, including a stay of court proceedings, a stay of execution, and default judgments. Read next: Your Guide to VA Burial Benefits in 2024 (Updated)Sources:
- H.R.2422 - SFC Richard Stayskal Military Medical Accountability Act of 2019, Congress. Accessed March 2024. https://www.congress.gov/bill/116th-congress/house-bill/2422/text
- Military Claims Act—What is it and how does it work?, Navy JAG Corps. Accessed March 2024. https://www.jag.navy.mil/blog/2021/5/20/170-military-claims-actwhat-is-it-and-how-does-it-work/
- Subpart C—Claims Cognizable Under the Military Claims Act, National Archives. Accessed March 2024. https://www.ecfr.gov/current/title-32/subtitle-A/chapter-V/subchapter-B/part-536/subpart-C
- Federal Tort Claims Act, U.S. House of Representatives. Accessed March 2024. https://www.house.gov/doing-business-with-the-house/leases/federal-tort-claims-act
- Servicemembers Civil Relief Act (SCRA), CFPB. Accessed March 2024. https://www.consumerfinance.gov/consumer-tools/educator-tools/servicemembers/the-servicemembers-civil-relief-act-scra/