Legal Question in Military Law in West Virginia

Suit against the government

While serving in the Army, my husband was sexually assaulted twice in a six month period. The Army refuses to correct his discharge because they failed to give him a psycologial exam before they discharged him for failure to follow orders, etc. This was his secnnd period of service and though it has been a long time ago; can we sue them for not protecting him while on a military base and for ruining the rest of his life? Because of what happened, my husband suffers from PTSD. He has paperwork from the VA hospital and his counselor at the Vet Center says that his PTSD was caused by sexual trauma.


Asked on 3/09/06, 7:36 pm

1 Answer from Attorneys
Neal Puckett The Law Firm of Puckett and Faraj, PC

Re: Suit against the government

Service members may not normally sue their service for anything other than a violation of their rights under the Privacy Act. Your circumstances do not qualify. However sometimes family members can sue under one or more of a limited set of circumstances. You should consult an attorney who handles claims against the government in order to determine whether you may have one of those types of claims.

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Answered on 3/10/06, 9:16 am


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