[20210524]LSB10602_最高法院拒绝重审军校学员对美国性侵指控的先例.pdf

CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i Supreme Court Declines Request to Revisit Precedent Barring Military Cadets Sexual Assault Claim Against United States May 24, 2021 With various exceptions, the Federal Tort Claims Act (FTCA) enables plaintiffs to sue the United States when a federal employee commits a wrongful or negligent act that causes personal injury or death. However, in Feres v. United States, the Supreme Court held that the FTCA generally does not authorize military personnel to sue the United States for injuries arising out of military service. Although some Members of Congress, judges, and scholars have criticized Feres, the Court has consistently declined to reconsider the decision. Most recently, the Court denied certiorari in Doe v. United States, in which a West Point cadet asked the Court to narrow or overrule Feres to let her sue the United States for allegedly failing to implement adequate policies to prevent, investigate, and punish sexual assault at West Point. This Sidebar analyzes Feres, Doe, and their potential significance to Congress. The Federal Tort Claims Act A person injured by a private party