It is our Military's job to protect us, but we aren't protecting them when they come home.
Bradenton, FL (PRWEB) April 15, 2010
The Freire Family had two sons that went off to war. Both of them came back from the Middle East healthy and in one piece. Ezequiel Freire, the youngest at the ripe age of 20 was put into the hospital for an easily treatable problem and never made it out due to alleged negligence from the medical staff. The family is now avidly opposing this Feres Doctrine that most people are not informed of until tragedy strikes.
There is a doctrine that prevents military personnel and veterans from filing a tort claim for any injuries on active duty, even when the government is grossly negligent. It was adopted by Congress in 1950 and, with the approval of the Supreme Court, The Feres Doctrine became Law Of The Land the same year.
Lieutenant Feres was killed in a barracks fire on a military installation in New York State in 1946. His wife filed suit under the Federal Tort Claim Act of 1946. Feres v. United States, 340 U.S. 135 (1950)
She lost in 1950 when the "Feres" Doctrine was adopted.
In 1946, President Truman appointed Supreme Court Justice Robert Jackson to become the lead prosecutor at the Nuremberg International War Crimes Tribunal.
After witnessing the presentation of the crimes against humanity of the defendants in the docket which resulted in the death penalty for most of the Nazi leadership found guilty of said crimes, Judge Jackson became the author of the Feres Doctrine.
Our forefathers placed this information in the First Amendment, ahead of the Right To Bear Arms, because of the brutal treatment of English citizens by King George. So Congress "adopted" the Feres Doctrine and then the Supreme Court made it the "law of the land".
Feres states that no service member or their families may take civil action against any government official for any crime "incident to service". Crimes of murder, rape, torture, assault, perjury, negligence, experimentation, etc., can be prosecuted criminally, but not civilly.
The Right to petition the courts of this land to seek redress against the government, as guaranteed by the Constitution of The United States does not apply to those who have sworn to protect and defend the very same Constitution!
When someone takes the oath of enlistment/commission, he or she swears to protect the Constitution of The United States against all enemies, both foreign and domestic...... At that very instant, the Feres Doctrine becomes effective without the knowledge of those just sworn into the Armed Forces.
Though the Military do not have the same rights of freedom of speech that we do as Americans due to being sworn in, a congressional appeal on behalf of the family will be written to overthrow this doctrine on May 1st 2010.
To learn more go to http://www.saveourmarines.com
To help sign the petition to overthrow this Doctrine please sign your name at http://www.PetitionOnline.com/fd1950/
For the full Feres Doctrine visit http://supreme.justia.com/us/340/135/case.html