Lovely v. US, No. 08-3524

In an intentional infliction of emotional distress action against the U.S. based on an Army Reserve disciplinary proceeding, the dismissal of the complaint is affirmed, where Plaintiff's claim arose out of an injury to a serviceman where the injuries arose out of the course of activity incident to service.

Read Lovely v. US, No. 08-3524

Appellate Information

Argued June 18, 2009

Decided and Filed June 26, 2009

Judges

Opinion by Judge Moore

Counsel

For Appellant:

Kevin P. Podlaski, Carson Boxberger LLP, Fort Wayne, IN

For Appellee:

Patrick D. Quinn, Assistant United States Attorney, Dayton, OH