Judge dismisses Red Hill claims by service members

Summary

A federal judge dismissed Red Hill claims by service members, citing a doctrine that bars lawsuits over injuries tied to military service.

Why this matters

The ruling limits legal options for service members affected by the Red Hill water crisis unless an appeals court, the Supreme Court, or Congress changes the law. The case could shape how courts apply the Feres doctrine in future military injury claims.

A federal judge on Tuesday dismissed a lawsuit by military service members who said they were harmed by water contaminated during the 2021 Red Hill fuel spills, ruling that the claims were barred under the Feres doctrine.

U.S. District Judge Leslie E. Kobayashi said the doctrine, based on a 1950 Supreme Court decision, prevents service members from suing the government for injuries arising out of military service. She found the service members’ use of military housing and water utilities was “inextricably linked” to active-duty service.

Kobayashi wrote that dismissal was “an overly harsh and unjust outcome,” but said lower courts remain bound by the doctrine unless the Supreme Court overturns it or Congress creates an exception, as it did in 2022 through the Camp Lejeune Justice Act.

Kobayashi directed the court clerk to enter judgment for the United States by May 20. Attorneys for the service members must file a notice of appeal within 60 days.

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