United States v. Johnson, Personal Representative of the Estate of Johnson

Summary

The Court held that the Federal Tort Claims Act does not permit a suit on behalf of a service member for injuries or death arising out of activity incident to service, even when the alleged negligence was committed by civilian federal employees. Because Lieutenant Commander Johnson died while performing a Coast Guard rescue mission and his family received statutory veterans' benefits, the Feres bar applied and the Court declined to create an exception based on the tortfeasor's civilian status. Justice Scalia, joined by Justices Brennan, Marshall, and Stevens, dissented, arguing that the FTCA's text contains no general servicemember exception and that the Court should not extend the doctrine.