Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.
Help support the publication of case reports on MoreLaw
Date: 09-08-2021
Case Style:
JOAN (FARR) HEFFINGTON, et al. v. DEPARTMENT OF DEFENSE OF
THE UNITED STATES
Case Number: 07-3096
Judge: Timothy M. Tymkovich
Court: UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT
Plaintiff's Attorney:
Defendant's Attorney: Not Listed
Description:
Denver, CO - Personal Damages lawyer represented Plaintiff-Appellant with seeking damages arising out of the death of her father, who was killed in military action during the Vietnam War claim.
She brought claims on behalf of herself and her deceased father against the
United States Department of Defense for violations of several federal statutes, for
constitutional violations, and for violations of state law. The district court
determined that all claims asserted by Ms. Heffington on behalf of her father
“must be dismissed because [Ms. Heffington], who is not an attorney, has no legal
right to assert a claim on his behalf.” R. Doc. 23 at 4. The district court also
dismissed the federal claims brought by Ms. Heffington on her own behalf,
concluding that (1) the claims were barred by the Feres Doctrine;
(2) Ms. Heffington had failed to state a claim under the Federal Tort Claims Act;
(3) any claims against the United States for constitutional violations must be
dismissed because the United States had not waived its sovereign immunity for
constitutional torts; and (4) her federal statutory claims failed to state a claim
upon which relief could be granted. The district court declined to exercise
supplemental jurisdiction over the remaining state law claims and dismissed those
claims without prejudice.
Outcome: Having reviewed the briefs, the record, and the relevant legal authority, we
conclude that the district court correctly decided this case.
Accordingly, we AFFIRM the district court’s decision for substantially the same reasons stated in the district court’s Memorandum and Order dated February 28, 2007.
Plaintiff's Experts:
Defendant's Experts:
Comments: