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Supreme Court justice castigates Feres Doctrine over cadet’s rape lawsuit 9 hours ago A former West Point cadet s lawsuit alleges the school failed to prevent and respond to her on-campus rape. (John Pellino/USMA)
Supreme Court Justice Clarence Thomas strongly dissented to a decision filed Monday not to hear the case of a former United States Military Academy cadet who alleges the government failed to adequately prevent and respond to her rape on campus. As the lower courts did, the majority deferred to the Feres Doctrine, a 1950 decision that ruled service members cannot sue the federal government for injuries sustained while serving. That includes not only combat or training injuries, but preventable damage caused by fellow troops or government employees ― to include, until last year, medical malpractice.
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