10-3743 Purcell v. U.S.

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Torts
FTCA; armed services

The estate of an active serviceman who committed suicide cannot sue for wrongful death under the Federal Tort Claims Act.

“Michael Purcell’s counsel ably, although ultimately unpersuasively, opposes applying Feres. Primarily, he argues that Purcell’s death had nothing to do with his military status, and that the military connections to the case are irrelevant because Purcell was effectively acting as and treated like a civilian during the relevant events. See Brooks v. United States, 337 U.S. 49, 52 (1949); Jones, 112 F.3d at 302 (noting that ‘where suits have been allowed to proceed, the military personnel involved were not taking advantage of any military program or status, but simply engaging in activities on the same grounds as civilians’). We disagree. As explained above, Feres is read broadly, and Michael Purcell cannot avoid its reach on the facts of this case. Michael Purcell also points out that neither Purcell nor his estate have received benefits related to his suicide. But that alone does not warrant reversal in this case. See Maas v. United States, 94 F.3d 291, 295 (7th Cir. 1996) (‘[T]his and other courts have applied Feres to bar claims that are incident to service even if a serviceman is not entitled to military benefits relating to those claims.’).”

Affirmed.

10-3743 Purcell v. U.S.

Appeal from the United States District Court for the Northern District of Illinois, Lefkow, J., Flaum, J.

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