James Regan Forgette, Plaintiff-appellant, v. United States of America, Defendant-appellee, 35 F.3d 574 (10th Cir. 1994)

ORDER AND JUDGMENT¹ 

The parties have agreed that this case may be submitted for decision on the briefs. See Fed. R. App. P. 34(f); 10th Cir. R. 34.1.2. The case is therefore ordered submitted without oral argument.

This is an appeal from a district court's order dismissing Plaintiff's medical malpractice action brought under the Federal Tort Claims Act. The alleged malpractice occurred during a biopsy at the Reynolds Army Community Hospital at Ft. Sill, Lawton, Oklahoma, while Plaintiff was on active duty in the United States Army. The district court dismissed the action for lack of subject matter jurisdiction on the basis that Plaintiff's claims were barred by the United States Supreme Court's holding in Feres v. United States, 340 U.S. 135 (1950).

On appeal, Plaintiff essentially urges us to strike down or significantly modify the Feres doctrine, a doctrine created by the United States Supreme Court in 1950, and one that has been the law of the land ever since. In dismissing Plaintiff's action, the district court noted that it had no authority to overturn decisions of the United States Supreme Court. We affirm for substantially the same reasons given by the district court.

AFFIRMED.