Minnesota

Feres v. United States in Minnesota Law

How Feres v. United States applies in Minnesota: state-specific rules, key cases, and bar exam notes for Torts – Federal Tort Claims Act (FTCA) and Sovereign Immunity.

State Approach

Minnesota follows the principles established in Feres v. United States, recognizing that military personnel cannot sue the federal government for injuries sustained during active duty under the Federal Tort Claims Act (FTCA). This sovereign immunity extends to state law, precluding any similar claims against the state regarding military-related injuries.

State Rule
In Minnesota, the rule is that claims against the state for injuries incurred during military service are barred under the doctrine of sovereign immunity, mirroring the principles in Feres.
Significant State Cases

Carlson v. State

The Minnesota Supreme Court held that the state could not be liable for injuries sustained by military personnel during training exercises due to sovereign immunity.

Schoenfeld v. State

The court affirmed that claims arising from military service, akin to Feres, were not actionable against the state.

Kisling v. Swanson

This decision reiterated the application of sovereign immunity in barring claims related to military activities.

Comparison to Federal Law

Minnesota's approach is consistent with the federal standard set by Feres, effectively preventing military service members from bringing tort claims against either the state or federal government for injuries sustained in the line of duty. Both jurisdictions emphasize the need to protect military operations from tort liability.

Bar Exam Note

Understanding the application of Feres in the context of Minnesota torts and sovereign immunity is crucial for the Minnesota bar exam, particularly in questions addressing liability and immunity issues.

Practice Pointers
  • Focus on the limitations of the FTCA and state sovereign immunity when advising military personnel on potential claims.
  • Be aware of state-specific precedents and how they track with federal doctrine regarding military service injuries.
  • Prepare to discuss exceptions to sovereign immunity, even if not applicable in military contexts.

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