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News :: Miscellaneous |
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Army Denies Mother's Wrongful Death Claim |
Current rating: 0 |
by Steve Ralls
Email: sralls (nospam) sldn.org (unverified!)
Phone: (202) 328-3244 x101 |
22 May 2001
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WASHINGTON - May 22 - Servicemembers Legal Defense Network (SLDN) criticized today the Department of the Army's decision to decline the wrongful death claim of Patricia Kutteles, mother of PFC Barry Winchell. PFC Winchell was murdered in July 1999 by fellow soldiers at Fort Campbell, Kentucky, because of his perceived sexual orientation. |
Mrs. Kutteles filed a complaint under the Military Claims Act (MCA), which is designed to allow people to seek redress from the military for injury or death. The original claim was denied in October and an appeal was filed on behalf of Mrs. Kutteles by attorneys at the law firm of Covington & Burling.
In his response to the appeal, which was issued on May 11, Deputy General Counsel Matt Reres said that "I must deny the appeal and disapprove the claim," and further stated that "I have no authority to provide a remedy to Mrs. Kutteles."
"We are disappointed in the Army's decision to deny the appeal," said Sharra E. Greer, legal director for SLDN. "The evidence has overwhelmingly shown that officials at Fort Campbell failed to provide a safe environment for soldiers on base."
The Army originally advised Mrs. Kutteles that her only option for seeking damages from the military would be through the Federal Tort Claims Act. The Supreme Court has in the past, however, severely limited the kinds of civilian claims that can be brought against the military, a fact the Army acknowledged in its response.
"This is a serious failure of leadership," said Greer. "Given the circumstances of this case, the least the Army owes Mrs. Kutteles is a substantive response, something they have now twice declined to give her. Mrs. Kutteles deserves better." |
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