Climate Change Project

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Suing the Government

Suing the Federal Government

Wu Tien Li-Shou v. United States, No. 14-1206, 2015 BL 16262 (4th Cir. Jan. 23, 2015) - Plaintiff's husband was accidently killed in an attack on pirates off Africa. She sued under admirality statutes. The court found that separation of powers implies a discretionary function defense in these laws that prevents the courts from examining military decisions.

Hernandez v. United States, 757 F.3d 249 (5th Cir. 2014) - Constitutional rights in a cross-border shooting.

Wilkie v. Robbins, 127 S.Ct. 2588 (2007) - Court rejects RICO and other novel claims against the government

Classic case baring active duty military personnel from suing for service related torts - Feres v. U.S., 340 U.S. 135, 71 S.Ct. 153, 95 L.Ed. 152 (1950)

In most cases, the federal government is sued through the jurisdiction the Federal Tort Claims Act. Click here for these cases.



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