Assaulted Girlfriend

[andrewcnaegeli]

In kansas if the military doesnt have the guy compensate my girlfriend for being assaulted and having to miss work and medical expenses, can she make it a civil matter? also she is pregnant and was kicked in stomach, although shes not going to miscarry, whats the law that violates other than just battery on her? im [email]andrewcnaegeli@yahoo.com[/email] so you can IM me or email me. Help would be much appreciated right now, thank you.

[fozzy2]

If your girlfriend is not in the military, and if the military person who committed the battery was not acting pursuant to military duties (for example, an MP on duty), then she may well be able to sue him as an individual in a civil case. Of course it depends on the details of the incident, but she may have grounds for battery, assault, and perhaps intentional infliction of emotional distress, etc. . Generally speaking, the less military 'involvement' there is, the less chance the government will invoke the dreaded 'Feres' doctrine. In other words, was the guy off duty and out of uniform? Was this off-base? etc. etc.

[badapple40]

There is no feres-bar that would be applicable here if she is not in the military. Whether she has to file the court of claims against the government (if he is in the scope of employment), or against him individually in state court (if he is not within the scope of employment) are the only questions I see.