Futrell v. United States, No. 16-3079 (7th Cir. 2017)Annotate this Case
Plaintiff began his military career in 1983, serving in the Indiana National Guard, the Army, and the Army Reserve. He was a Captain and served in combat in Iraq. In 2007-2011 he sustained several injuries and was diagnosed with Type 2 diabetes. He was placed on reserve status while a Physical Evaluation Board evaluated his fitness for continued military service. When retired from the army on grounds of physical disability in 2014, Futrell became eligible for a monthly government pension. Had paperwork been processed, he would have also received incapacitation payments during the gap between his release from duty and his retirement; he received no government payments between December 2011 and January 2013, causing him severe financial and emotional distress. In 2013, the government paid him an amount that covered the incapacitation payments that he should have received, but did not compensate for his distress. He filed suit against under the Federal Tort Claims Act, 28 U.S.C. 2674. The Seventh Circuit affirmed dismissal of the suit as barred by a Supreme Court holding that the Act is unavailable to a member of the armed forces who “while on active duty and not on furlough, sustained injury due to negligence of others in the armed forces.” The alleged harms all relate to military benefits and were committed by military base staff. That he was on reserve status is irrelevant.