Day v. Massachusetts Air National Guard

APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS [Hon. Michael A. Ponsor, U.S. District Judge] This case presents uncommonly difficult questions as to whether a serviceman, subject to assault and battery in an on-base hazing incident properly described by the district court as ""despicable,"" may recover damages from the government or from military personnel variously connected to the attack. The district court ruled that the claims were barred by the doctrine of Feres v. United States, 340 U.S. 135 (1950), limiting suits for injuries arising ""incident to military service."" Id. at 146. Day v. Massachusetts Air Nat'l Guard, 994 F. Supp. 72 (D. Mass. 1998). We affirm in part and reverse in part.