Rayner v. United States’s Empirical Analysis
760 F.2d 1217 · 1985
Citation profile
11 federal appellate · 4 district ·
How this case has been cited
Cited by 24 later decisions — most recently August 2005
11 federal appellate · 4 district ·
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 28 U.S.C. § 1346 (Federal Tort Claims Act)
Relies on Feres v. United States · United States v. Brown · Infelice v. United States · Mark Trail Camp Grounds, Inc. v. Field Enterprises, Inc. · PepsiCo, Inc. v. Federal Trade Commission
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In the Feres case, the Supreme Court concluded that “the Government is not liable under the Federal Tort Claims Act for injuries to servicemen where the injuries arise out of or are in the course of activity incident to service.” 340 U.S. at 146 , 71 S.Ct. at 159 . Sergeant Ray-ner’s case presents the typical Feres factual paradigm, “an FTCA suit for injuries or death allegedly caused by the negligence of a serviceman or an employee of the armed forces.” Johnson v. United States, 749 F.2d 1530, 1537 (11th Cir.1985) (rehearing en banc granted). In this situation, the district court need only decide whether the injury arose out of or during the course of an activity incident to service in the Armed Forces. Id. See also United States v. Brown, 348 U.S. 110, 113 , 75 S.Ct. 141, 144 , 99 L.Ed. 139 (1954). The provision of benefits to soldiers because of their status as military personnel is considered “activity incident to [such] service.” Brown v. United States, 739 F.2d 362, 368 (8th Cir.1984); Johnson v. United States, 704 F.2d 1431, 1438 (9th Cir.1983). Military medical care constitutes such benefits; accordingly, suits by servicemen or their representatives for medical malpractice are bamd by the Feres doctrine. See, e.g., Feres v. United States, 340 U.S. 135 , 71 S.Ct. 153 , 95 L.Ed. 152 (1950); Jones v. United States, 729 F.2d 326, 328 (5th Cir.1984); Joseph v. United States, 505 F.2d 525 (7th Cir.1974); Harten v. Coons, 502 F.2d 1363, 1365 (10th Cir.1974), ce rt. denied, 4”
1 later decision quote this exact passage · from the majority“The provision of benefits to soldiers because of their status as military personnel is considered 'activity incident to such service.'”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.