No. 23-1281

Ryan G. Carter, et al. v. United States

Lower Court: Fourth Circuit
Docketed: 2024-06-07
Status: Denied
Type: Paid
Amici (3)Response RequestedResponse WaivedRelisted (7)
Tags: federal-tort-claims-act feres-doctrine judicial-precedent medical-malpractice military-medical-malpractice military-service-members service-member-rights sovereign-immunity tort-claims
Key Terms:
Privacy JusticiabilityDoctri
Latest Conference: 2025-02-21 (distributed 7 times)
Question Presented (from Petition)

1. Should the Feres doctrine be limited and not bar tort claims brought by service members alleging medical malpractice where the service member was under no military orders, not engaged in any military mission, and whose military status was retroactively altered from inactive to active duty post medical malpractice?

2. Does the Feres doctrine conflict with the plain language of the Federal Tort Claims Act and should it be clarified, limited, or overruled?

Question Presented (AI Summary)

Should the Feres doctrine be limited and not bar tort claims brought by service members alleging medical malpractice where the service member was under no military orders, not engaged in any military mission, and whose military status was retroactively altered from inactive to active duty post medical malpractice?

Docket Entries

2025-02-24
Petition DENIED. Justice Thomas, dissenting from the denial of certiorari. (Detached <a href = 'https://www.supremecourt.gov/opinions/24pdf/23-1281_8759.pdf'>Opinion</a>)
2025-02-14
DISTRIBUTED for Conference of 2/21/2025.
2025-01-21
DISTRIBUTED for Conference of 1/24/2025.
2025-01-13
DISTRIBUTED for Conference of 1/17/2025.
2025-01-06
DISTRIBUTED for Conference of 1/10/2025.
2024-12-09
DISTRIBUTED for Conference of 12/13/2024.
2024-12-02
2024-11-13
DISTRIBUTED for Conference of 12/6/2024.
2024-10-30
Brief of respondent United States in opposition filed.
2024-09-27
Motion to extend the time to file a response is granted and the time is further extended to and including October 30, 2024.
2024-09-26
Motion to extend the time to file a response from September 30, 2024 to October 30, 2024, submitted to The Clerk.
2024-08-29
2024-08-29
Brief amici curiae of Whistleblower Law Firm, Khawam Ripka, LLC, et al. filed.
2024-08-29
Amicus brief of Coalition of Heroes, Bipartisan Members of Congress, National Military Families Association, Reserve Organization of America, MG William K. Suter (Ret.), and 22 Other Leading Organizations submitted.
2024-08-29
Amicus brief of Whistleblower Law Firm, Khawam Ripka, LLC and the Tim & Natalie Case Foundation, Burn Pits 360, Senator Markwayne Mullin, and Representatives Darrell Issa and Richard Hudson submitted.
2024-08-02
Motion to extend the time to file a response is granted and the time is extended to and including September 30, 2024.
2024-08-02
Motion to extend the time to file a response is granted and the time is extended to and including September 30, 2024
2024-08-01
Motion to extend the time to file a response from August 29, 2024 to September 30, 2024, submitted to The Clerk.
2024-08-01
Motion of United States for an extension of time submitted.
2024-07-30
Response Requested. (Due August 29, 2024)
2024-07-17
DISTRIBUTED for Conference of 9/30/2024.
2024-07-08
Waiver of right of respondent United States to respond filed.
2024-07-08
Waiver of United States of right to respond submitted.
2024-06-28
Brief amici curiae of National Veterans Legal Services Program and Save Our Servicemembers filed.
2024-06-05
Petition for a writ of certiorari filed. (Response due July 8, 2024)

Attorneys

Coalition of Heroes, Bipartisan Members of Congress, National Military Families Association, Reserve Organization of America, MG William K. Suter (Ret.), and 22 Other Leading Organizations
Charles Randall FloresFlores Law PLLC, Amicus
National Veterans Legal Services Program and Save Our Servicemembers
Melanie Lynn BostwickOrrick, Herrington & Sutcliffe LLP, Amicus
Ryan Carter, et al.
Christopher Thomas CascianoBrown & Barron, LLC, Petitioner
United States
Elizabeth B. Prelogar — Respondent
Sarah M. HarrisActing Solicitor General, Respondent
Whistleblower Law Firm, Khawam Ripka, LLC and the Tim & Natalie Case Foundation, Burn Pits 360, Senator Markwayne Mullin, and Representatives Darrell Issa and Richard Hudson
Natalie KhawamKhawam Ripka, LLC, Amicus