Rebekah "Moani" Daniel and her husband Walter Daniel. (Walter Daniel/Luvera Law Firm)
The Supreme Court on Monday denied a petition to hear a wrongful death case involving the controversial Feres Doctrine — a major blow to advocates seeking to undo the 69-year-old legal rule that bars U.S. service members and their families from suing the government for injury or death deemed to have been brought on by military service.
Task & Purpose photo illustration by Aaron Provost/Wikimedia Commons/Richard Stayskal
Army Sgt. 1st Class Richard Stayskal felt like he was falling apart.
A physically fit Green Beret, Stayskal first noticed something wrong with his body in March 2017 while training at the Army's Special Forces Dive School in Key West, Florida. Unable to keep up with his elite training — a red flag for the athletic 37-year-old combat veteran — he was sent home to Fort Bragg, North Carolina.
By April, Stayskal began to wheeze and had difficulty breathing when lying on his back; other times, his body would go numb, and his vision blurry. In May, he visited the emergency room twice, once on base at Womack Army Medical Center and a week later out in town. Then, in early June, he began coughing up blood — a teaspoon at first, but it was more by the day.
A military widower filed a petition Thursday with the U.S. Supreme Court challenging the long-standing doctrine that bars service members and their families from suing the federal government for injuries or death that occur while in the line of duty.