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