United States v. Johnson (1987)
| United States v. Johnson | |
|---|---|
| Argued February 24, 1987 Decided May 18, 1987 | |
| Full case name | United States v. Johnson, Personal Representative of the Estate of Johnson |
| Citations | 481 U.S. 681 (more) 107 S. Ct. 2063; 95 L. Ed. 2d 648; 1987 U.S. LEXIS 2055; 55 U.S.L.W. 4647 |
| Case history | |
| Prior | Johnson v. United States, 749 F.2d 1530 (11th Cir. 1985), affirmed on rehearing, 779 F.2d 1492 (11th Cir. 1986) |
| Holding | |
| The Feres doctrine bars an FTCA action on behalf of a service member killed during an activity incident to service, even if the alleged negligence is by civilian employees of the Federal Government. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Powell, joined by Rehnquist, White, Blackmun, O'Connor |
| Dissent | Scalia, joined by Brennan, Marshall, Stevens |
| Laws applied | |
| Federal Tort Claims Act | |
United States v. Johnson, 481 U.S. 681 (1987), was a United States Supreme Court case in which the Court barred the widow of a serviceman killed while piloting a helicopter on a United States Coast Guard rescue mission from bringing her claim under the Federal Tort Claims Act (the "FTCA" or the "Act"). The decision was based upon the Supreme Court's holding in Feres v. United States (1950): "[T]he Government is not liable under the Federal Tort Claims Act for injuries to servicemen where the injuries arise out of or are in the course of activity incident to service."