fed judge orders end to all DADT actions

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davester wrote:
It's not at all clear to me that the case you cited is applicable to this situation.

Under the principle of sovereign immunity, the U.S. government can't be sued in a U.S. court unless it permits itself to be sued.

The Federal Torts Claims Act opens the door to certain classes of lawsuits for injuries sustained while employed by the U.S. government. (Money damages (lost wages) and emotional harm are injuries.)

Feres excludes soldiers from pressing claims under the FTCA, except under rare circumstances. Under the Feres case, even if a soldier is on leave and is injured due to the negligence of other soldiers he has no recourse under the FTCA.

So, soldiers who have been hurt due to the DADT policy have no remedy (no lawsuit) against the government for those injuries.