No. 21-1410October Term 2021Decided Nov 7, 2022Updated Nov 7, 2022
Clendening v. United States
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.
Case status
Decided · November 7, 2022
Read the opinion (PDF)- Current stage
- Decided
- Latest event
- Decision released Nov 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
Timing
Decided November 7, 2022
The Court released its decision on November 7, 2022 without hearing oral argument.
Documents
Opinions
Orders
Key filings
Briefs on file: 6View on supremecourt.gov
Activity
Docket activity3
Opinion added: Opinion
Nov 7, 2022 | Court records
Brief added: Petition
Apr 29, 2022 | Court records
Court Order added: Lower Court Orders/Opinions
Feb 18, 2022 | Court records
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Grounding
- Grounding
- Primary-source trail available.
- Note
- Plain-English explainer. Official filings and opinions remain authoritative.
- Checked
- Jul 25, 2026
- Method
- Methodology