Taofeek Quadri v. Eric Fanning, No. 17-2224 (8th Cir. 2018)
Annotate this CaseCourt Description: Per Curiam - Before Benton, Bowman and Kelly, Circuit Judges] Civil case - Employment discrimination. Dismissal of plaintiff's claims against the Secretary of the Army under the Feres doctrine should have been without prejudice, and the judgment is modified accordingly. [ January 10, 2018
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 17-2224 ___________________________ Taofeek A. Quadri lllllllllllllllllllll Plaintiff - Appellant v. United States of America; Mark T. Esper, Secretary of the Army1 lllllllllllllllllllll Defendants - Appellees ____________ Appeal from United States District Court for the Western District of Arkansas - Texarkana ____________ Submitted: January 3, 2018 Filed: January 11, 2018 [Unpublished] ____________ Before BENTON, BOWMAN, and KELLY, Circuit Judges. ____________ PER CURIAM. Taofeek A. Quadri brought an employment-discrimination action against the Secretary of the Army. The district court concluded that Quadri’s claims were 1 Mark T. Esper has been appointed to serve as Secretary of the Army, and is substituted as appellee pursuant to Federal Rule of Appellate Procedure 43(c). nonjusticiable under Feres v. United States, 340 U.S. 135, 146 (1950), and dismissed the action with prejudice. On appeal, Quadri contends only that the dismissal should have been without prejudice. Having jurisdiction under 28 U.S.C. § 1291, this court agrees. See Hupp v. U.S. Dep’t of Army, 144 F.3d 1144, 1148 (8th Cir. 1998); Wood v. United States, 968 F.2d 738, 740 (8th Cir. 1992). The judgment is modified to be a dismissal without prejudice, and is otherwise undisturbed. See 8th Cir. R. 47B. The pending motion for a stay is denied. ______________________________ -2-
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