Legal Question in Military Law in Texas

Can I sue the government/army for negligence?

My husband was recently killed in Afghanistan I am aware of what actually happened from people who were actually there. My issue is with supply he was in a turret of a humv when he was hit, now the hmv had built up protection on the outer sides of the turret but they are not see thru so you still have to pop your head out to really ''man'' the gun. In another well built up established place in Afghanistan they have the same design of equipment but with really thick bullet proof glass so that you can shoot w/o having to stick your head out above the armor. My wonderful husband is now gone because he held up his end of the bargain but the army didn't, they let him down by not having the right equipment, once again (I am prior service so I kn ow the problems). Oh, by the way I am not nor will I ever be a Cindy Sheehan.


Asked on 7/22/07, 1:05 pm

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Can I sue the government/army for negligence?

I am so sorry for your loss. Your husband was a brave and noble man who did a lot of good for his country through his service. His loss is a loss for all of us.

There is no way to sue the Army for negligence in this situation. The decisions all suggest that even if a commanding officer is negligent in giving bad orders, that there is no legal remedy because the Courts can't overstep their authority and dictate policy to the military.

Being upset with the loss of your husband, and the shoddy way he was treated by the government does not make you a Cindy Sheehan. It makes you a grieving widow. Anger is just one of many phases you will pass through in gaining acceptance of the burden placed upon you by your husband's death.

Your husband doubtless loved you very much, and even though he may be gone, I know he would want you to move on with your life and be happy. I will say a prayer on your behalf, and wish you all the best.

Regards,

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Answered on 7/23/07, 11:20 am


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