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No. 21-1410October Term 2021Decided Nov 7, 2022

Docket 21-1410October Term 2021 (2021–2022)

Clendening v. United States

This case asks whether a Camp Lejeune toxic-exposure lawsuit can go forward when the injured person was a military officer and the government says the claim is legally blocked.

Case status

Current stage
Decided
Latest event
Decision released Nov 7, 2022
Case Accepted
Arguments
Decision ReleasedNov 7, 2022
What it's about

This case arises from a suit by the estate of a former military officer who was exposed to contaminated water at Camp Lejeune and later died, alleging the government failed to warn him about the toxic exposure. The issues center on whether his claims are barred because the injury was considered incident to military service and because the Federal Tort Claims Act shields certain government decisions from suit.

Question presented

1. Does Feres v. United States, 340 U.S. 135 (1950) apply to an unwitting Judge Advocate General Officer’s toxic exposure not related to his service. 2. Whether the Federal Tort Claims Act’s discretionary function exception 28 U.S.C 2680(a) applies to the military’s failure to notify and warn Camp Lejeune residents of their exposure to toxins pursuant to standing law.

Case path

United States Court of Appeals for the Fourth Circuit / Decision released Nov 7, 2022

Area

Decided Supreme Court case

Briefing

What it's about

The estate of a former military officer exposed to contaminated water at Camp Lejeune says the government failed to warn him about the danger. The Court is being asked whether the suit is barred by the Feres rule, which blocks claims for injuries "incident to military service," and by a federal exception protecting some government choices from suit.

Vote

The case is still pending, and oral argument has not been scheduled. The dispute centers on whether the Feres rule applies here and whether the Federal Tort Claims Act's discretionary function exception, a rule shielding some policy choices, protects the alleged failure to warn.

Impact

If the Court takes up the case, it could shape whether service members or their families can pursue toxic-exposure claims tied to military bases. A concrete example is Camp Lejeune residents who say the government knew of contamination but did not warn them.

What's next

Watch for oral argument or another scheduling move from the Court. No decision window is available yet.

What is Clendening asking the Supreme Court to decide?

The estate argues this Camp Lejeune toxic-exposure suit should not be blocked just because the officer was in the military. It also challenges whether the government's failure to warn was protected discretion.

Why could this case matter beyond one family?

It could affect whether service members or their estates can seek money damages after toxic exposure on base. Camp Lejeune residents are a concrete example.

What should court watchers look for next in this case?

The next sign is oral argument or another scheduling move from the Court. No decision window is available yet.

Decision

Decision record

What the Court decided

This case asks whether a Camp Lejeune toxic-exposure lawsuit can go forward when the injured person was a military officer and the government says the claim is legally blocked.

Impact

If the Court takes up the case, it could shape whether service members or their families can pursue toxic-exposure claims tied to military bases. A concrete example is Camp Lejeune residents who say the government knew of contamination but did not warn them.

Not official Court text.

Opinion documents

Timing

Decided November 7, 2022

The Court released its decision on November 7, 2022 without hearing oral argument.