stanley
argued
april
decided
june
respondent
serviceman
volunteered
ostensibly
chemical
warfare
testing
program
secretly
administered
lysergic
acid
diethylamide
lsd
pursuant
army
plan
test
effects
drug
human
subjects
whereby
suffered
severe
personality
changes
led
discharge
dissolution
marriage
upon
informed
army
given
lsd
respondent
filed
federal
tort
claims
act
ftca
suit
district
granted
government
summary
judgment
ground
suit
barred
doctrine
feres
precludes
governmental
ftca
liability
injuries
servicemen
resulting
activity
incident
service
although
agreeing
holding
appeals
remanded
case
upon
concluding
respondent
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constitutional
claim
doctrine
bivens
six
unknown
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narcotics
agents
whereby
violation
constitutional
rights
give
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officials
even
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factors
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remedy
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complaint
add
bivens
claims
attempted
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ftca
claim
although
dismissing
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claim
district
refused
dismiss
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claims
rejecting
inter
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action
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claims
subsequently
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decision
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employee
defendants
ruling
chappell
wallace
despite
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stated
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servicemen
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officers
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actions
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direct
orders
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duty
discipline
order
necessary
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factors
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certified
order
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appeal
appeals
affirmed
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claims
although
issue
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district
order
appeals
also
ruled
recent
precedent
indicated
respondent
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therefore
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appeals
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ftca
claim
error
since
authorizes
appeal
order
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district
orders
may
entered
case
appeals
jurisdiction
therefore
limited
order
refusing
dismiss
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claim
action
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erroneous
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even
party
appeal
district
previously
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respondent
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claim
government
pp
appeals
erred
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claims
notwithstanding
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service
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feres
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chappell
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defendants
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officers
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plain
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action
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special
factors
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unique
disciplinary
structure
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establishment
congress
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internal
system
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justice
greater
degree
disruption
respondent
rule
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incident
service
test
irrelevant
special
factors
analysis
whether
current
laws
afford
servicemen
adequate
federal
remedy
injuries
similarly
irrelevant
chappell
statement
holding
military
personnel
barred
redress
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courts
constitutional
wrongs
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course
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service
since
statement
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forms
relief
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halt
prevent
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violations
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money
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kind
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pp
scalia
delivered
opinion
rehnquist
white
blackmun
powell
joined
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marshall
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filed
opinion
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part
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marshall
joined
part
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stevens
joined
post
filed
opinion
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part
dissenting
part
post
christopher
wright
argued
cause
briefs
solicitor
general
fried
assistant
attorney
general
willard
deputy
solicitor
general
ayer
barbara
herwig
mark
pennak
richard
kupfer
argued
cause
filed
brief
respondent
justice
scalia
delivered
opinion
february
james
stanley
master
sergeant
army
stationed
fort
knox
kentucky
volunteered
participate
program
ostensibly
designed
test
effectiveness
protective
clothing
equipment
defenses
chemical
warfare
released
duties
went
army
chemical
warfare
laboratories
aberdeen
proving
grounds
maryland
four
times
month
stanley
secretly
administered
doses
lysergic
acid
diethylamide
lsd
pursuant
army
plan
study
effects
drug
human
subjects
according
second
amended
complaint
allegations
accept
purposes
decision
result
lsd
exposure
stanley
suffered
hallucinations
periods
incoherence
memory
loss
impaired
military
performance
occasion
awake
sleep
night
without
reason
violently
beat
wife
children
later
unable
recall
entire
incident
app
discharged
army
one
year
later
marriage
dissolved
personality
changes
wrought
lsd
december
army
sent
stanley
letter
soliciting
cooperation
study
effects
lsd
volunteers
participated
tests
government
first
notification
stanley
given
lsd
time
maryland
administrative
claim
compensation
denied
army
stanley
filed
suit
federal
tort
claims
act
ftca
et
alleging
negligence
administration
supervision
subsequent
monitoring
drug
testing
program
district
granted
government
motion
summary
judgment
finding
stanley
times
active
duty
participating
bona
fide
army
program
time
alleged
negligence
occurred
sd
may
ftca
suit
therefore
barred
doctrine
feres
determined
government
liable
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tort
claims
act
injuries
servicemen
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arise
course
activity
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service
appeals
fifth
circuit
agreed
feres
doctrine
barred
stanley
ftca
suit
held
district
dismissed
lack
jurisdiction
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case
merits
stanley
cia
government
contended
remand
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claims
stanley
raise
either
ftca
directly
constitution
individual
officers
bivens
six
unknown
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narcotics
agents
concluded
however
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least
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constitutional
claim
based
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remanded
consideration
trial
amendment
appellant
may
offer
seeking
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stanley
amended
complaint
add
claims
unknown
individual
federal
officers
violation
constitutional
rights
also
specifically
alleged
failure
warn
monitor
treat
discharged
constituted
separate
tort
occurring
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discharge
incident
service
within
feres
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brown
district
dismissed
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factors
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supra
cases
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sole
authority
rejection
appeals
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circuit
decision
wallace
chappell
sua
sponte
certified
order
interlocutory
appeal
following
issuance
order
government
moved
partial
final
judgment
pursuant
federal
rule
civil
procedure
behalf
three
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agencies
improperly
named
ftca
defendants
throughout
proceedings
government
also
argued
individual
defendants
named
served
thus
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appeared
parties
sought
representation
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justice
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seek
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review
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dismiss
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contentions
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stanley
cia
supp
sd
november
granted
motion
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clerk
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rule
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stanley
filed
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amended
complaint
naming
defendants
nine
individuals
seven
us
petitioners
board
regents
university
maryland
asserting
civil
rights
claims
motions
dismiss
lack
personal
jurisdiction
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filed
behalf
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alleged
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chappell
wallace
holding
enlisted
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officer
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order
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claims
stanley
counsel
brought
chappell
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district
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claims
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totally
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bars
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claim
find
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facto
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claim
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intramilitary
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procedures
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discrimination
complaints
chappell
clearly
inadequate
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violations
complained
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order
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appeal
taken
appeals
determined
recent
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johnson
rev
indicated
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viable
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reversed
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perpetrators
prepared
say
constitution
promise
due
process
law
guarantees
much
accordingly
permit
james
stanley
bivens
action
go
forward
therefore
dissent