Joseph P. Gerardi, Appellant, v. United States of America, Appellee, 408 F.2d 492 (9th Cir. 1969)
Annotate this CaseJoseph P. Gerardi, pro per.
Carolyn Reynolds (argued) Asst. U. S. Atty., Wm. M. Byrne, Jr., U. S. Atty., Frederick M. Brosio, Jr., James D. Murray, Asst. U. S. Atty., Los Angeles, Cal., for appellee.
Before MERRILL, ELY and CARTER, Circuit Judges.
PER CURIAM.
Appellant filed a complaint for damages against the United States on May 17, 1968, alleging wrongful induction into the armed forces in 1943, and that thereafter on May 24, 1944, he sustained further damages as a result of a negligent or wrongful administrative discharge.
The district court dismissed sua sponte and appellant appealed. The Tort Claims Act, 28 U.S.C. § 1346(b) expressly covers only claims arising on or after January 1, 1945. Moreover, the Tort Claims Act does not cover claims incident to military service, Feres v. United States, 340 U.S. 135, 71 S. Ct. 153, 95 L. Ed. 152 (1950).
The judgment is affirmed.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
