Can an active duty service member sue a reservist for damages for injuries sustained during their training?

MultiRegion, United States of America

The following excerpt is from Miller v. Newbauer, 862 F.2d 771 (9th Cir. 1988):

It is well-settled that service members are precluded from maintaining a lawsuit to recover damages for common law torts that arise out of or occur in the course of activity incident to military service. Feres v. United States, 340 U.S. 135, 146, 71 S.Ct. 153, 159, 95 L.Ed. 152 (1950). In Mattos v. United States, 412 F.2d 793 (9th Cir.1969), this court applied the Feres doctrine to preclude suits by active duty service members to suits by reservists against fellow reservists for injuries received while on reserve training. Id. at 794.

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