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March 2026 Suing government entities or public agencies can involve unique rules and laws, such as the Federal Tort Claims Act, which was raised in this federal case involving a U.S. Navy veteran. The case involved a machinist's mate who had served aboard a nuclear submarine. He filed a lawsuit under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b). In his lawsuit, he alleged that he sustained injuries caused by the negligent operation and maintenance of the submarine between 1973 and 1979. He alledged that negligence resulted in exposure to harmful levels of ionizing radiation and that this ultimately resulted in a diagnosis of cancer. In the lawsuit, he attributed the negligent acts that caused his injuries to actions of employees of the Department of Defense and the Department of Veterans Affairs.
On October 10, 2025, the Government filed a motion to dismiss under Fed. R. Civ. P. 12(b)(1) and Rule 12(b)(6). Rule 12(b)(1) of the Federal Rules of Civil Procedure requires that defenses be asserted in the responsive pleading, including those for subject matter jurisdiction or personal jurisdiction. Federal Rules of Civil Procedure Rule 12(b)(6) enables defendants to assert defenses through a motion. If the court does not exclude them, the motion is dealt with a a motion for summary judgment (See Rule 56 FRCP).
The machinists mate's lawsuit was based on Navy personnel failing to maintain proper containment or maintenance of the submarine’s nuclear systems, failing to monitor or disclose excessive radiation exposure, and failing to inform him of his exposure levels or potential long-term health. He was diagnosed with Myeloproliferative disorder, a blood disorder and a gene mutation. His physicians linked both diagnoses to radiation exposure in the submarine service
The Government dismissed on two grounds. One was that the claims were time-barred. The other involved the Feres Doctrine, which bars recovery for servicemembers for injuries under the Federal Tort Claims Act. Read more about the case .
On October 10, 2025, the Government filed a motion to dismiss under Fed. R. Civ. P. 12(b)(1) and Rule 12(b)(6). Rule 12(b)(1) of the Federal Rules of Civil Procedure requires that defenses be asserted in the responsive pleading, including those for subject matter jurisdiction or personal jurisdiction. Federal Rules of Civil Procedure Rule 12(b)(6) enables defendants to assert defenses through a motion. If the court does not exclude them, the motion is dealt with a a motion for summary judgment (See Rule 56 FRCP).
The machinists mate's lawsuit was based on Navy personnel failing to maintain proper containment or maintenance of the submarine’s nuclear systems, failing to monitor or disclose excessive radiation exposure, and failing to inform him of his exposure levels or potential long-term health. He was diagnosed with Myeloproliferative disorder, a blood disorder and a gene mutation. His physicians linked both diagnoses to radiation exposure in the submarine service
The Government dismissed on two grounds. One was that the claims were time-barred. The other involved the Feres Doctrine, which bars recovery for servicemembers for injuries under the Federal Tort Claims Act. Read more about the case .
