Tort Remedies in Military Prisons & Brigs

Abstract

This article begins the task of examining how the Feres doctrine affects military prisoners. Part I provides an overview of the doctrine’s history, emphasizing the shifting and amorphous rationales that have served to justify this judicially created bar to otherwise viable suits. Part II describes how the doctrine operates in the context of military prisoners’ claims. Part III situates Feres in the context of the several forms of relief that an incarcerated or formerly incarcerated military prisoner might seek for violations of his or her constitutional rights, explaining how Feres works together with other doctrines to leave no viable route for military prisoners to obtain meaningful relief. Finally, the Conclusion sketches a way forward for the Court or Congress to address the access-to-justice disparity between civilian and military prisoners wrought by Feres and related doctrines.

ISSN

1553-3158

Publisher

Georgetown Law

Additional Information

Symposium Issue

Disciplines

Law | Legal Remedies | Military, War, and Peace | National Security Law | Torts

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