Particle.news
Download on the App Store

Supreme Court Declines Beck Case as Thomas Presses to Revisit Feres Doctrine

The denial leaves the Eighth Circuit’s dismissal intact, prompting calls for congressional action.

Overview

  • On November 24, the Supreme Court refused to hear Kari Beck’s wrongful-death appeal, leaving the lower-court ruling against her in place.
  • Justice Clarence Thomas dissented from the denial, arguing the judge-made Feres doctrine lacks grounding in the FTCA and should be overruled or at least narrowed.
  • Thomas said Staff Sgt. Cameron Beck’s off-duty death while riding home for lunch was not incident to military service and should not be barred.
  • Justice Sonia Sotomayor called Feres a difficult decision to justify and wrote that Congress should address the problem, while Justice Neil Gorsuch indicated he would have granted review.
  • Beck was killed in 2021 near Whiteman Air Force Base when a civilian federal employee in a government van turned in front of his motorcycle; the driver later pleaded guilty, and courts dismissed the suit under Feres, which generally blocks claims for injuries tied to military service.