This section contains the nature of the case and procedural background.

P is the mother and administratrix of Army Private Vernon Shearer. Private Shearer was off duty at Fort Bliss and away from the base. He was kidnapped and murdered by another serviceman, Private Andrew Heard. A New Mexico court convicted Private Heard of the murder and sentenced him to a term of 15 to 55 years' imprisonment. P brought this action under the FTCA. P alleged that Private Heard, while assigned to an Army base in Germany in 1977, was convicted by a German court of manslaughter and sentenced to a 4-year prison term. Upon his discharge from that confinement in Germany, the Army transferred Private Heard to Fort Bliss. P alleged that, although the Army knew that Private Heard was dangerous, it 'negligently and carelessly failed to exert a reasonably sufficient control over' him and 'failed to warn other persons that he was at large.' The court granted summary judgment in favor of D. The Court of Appeals reversed, holding that that Feres v. United States did not bar P's suit because '[generally] an off-duty serviceman not on the military base and not engaged in military activity at the time of injury, can recover under FTCA.' The court also held that Ps suit was not precluded by the intentional tort exception to the Act, 28 U. S. C. § 2680(h). The Court of Appeals noted that P's complaint alleged negligence and reasoned that 'if an assault and battery occurred as a 'natural result' of the government's failure to exercise due care, the assault and battery may be deemed to have its roots in negligence and therefore it is within the scope of the FTCA.' D appealed.

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