Nature of the Case
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Facts
Shortly after enlisting, at the age of eighteen, P began experiencing social and emotional problems. The Navy intervened on several occasions by providing substance abuse treatment and mental health care. P committed suicide in his barracks at the Brunswick Naval Air Station, where he was serving on active duty in the Navy. Navy and Department of Defense ('DOD') personnel were called to the scene after being informed that P planned to kill himself. They arrived at his residence before he attempted suicide, but did not find the gun they were told he had. They never searched P’s person. Petty Officer Rodriguez spoke to P and suggested they go outside to talk. P responded calmly. Outside, Petty Officer Tafel approached Rodriguez and stated that they needed to get P into custody to protect him and local law enforcement. Purcell became irate and non-compliant when told he would have to be put in restraints. A struggle with Rodriguez, Tafel, Harrigan, Goding, and Thomas Robinson, also with DOD, ensued. The five eventually subdued Pl, handcuffed him, and escorted him back to his room. Tafel permitted P to use the bathroom and instructed Robinson to remove one of P's handcuffs. Purcell went to the bathroom accompanied by his friend, Nathan Mutschler. After entering the bathroom, P pulled his gun from his waistband and committed suicide by shooting himself in the chest. P sought to recover from the Navy through administrative procedures and then filed a wrongful death claim under the FTCA. The district court found the case barred by the Feres doctrine, which provides that 'the Government is not liable under the [FTCA] for injuries to servicemen where the injuries arise out of or are in the course of activity incident to service.'
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