Protect Our Defenders Joins an Amicus Brief Challenging Feres Doctrine

Protect Our Defenders joined with 8 other organizations in filing an amicus before the Second Circuit Court urging the court to reverse the findings of the lower court. The district court judge had dismissed the Plaintiff’s lawsuit against the leadership of West Point for failing to stem the tide of rape, sexual assault, and harassment at the service academy, directly resulting in her injuries while a cadet. The judge had dismissed the former cadet’s lawsuit based on the Feres doctrine, which bars recovery of damages for injuries that are “incident to service.” The brief argues that the judge erred when dismissing the suit based on Feres because the Plaintiff’s injuries should not be considered “incident to service.”

Download the Amicus Brief (PDF)