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Wednesday, August 24, 2011

Navy Can't Be Sued Over Young Officer's Suicide?

Navy Can't Be Sued Over Young Officer's Suicide
By JOE CELENTINO

CHICAGO (CN) - Family members of a hospital corpsman who committed suicide cannot seek damages from the Navy, the 7th Circuit ruled.

Christopher Lee Purcell enlisted in the Navy at age 18. Three years later, on Jan. 27, 2008, Purcell committed suicide.

Shortly before his death, the 21-year-old contacted his sister and several other people on MySpace. He wrote: "I don't want to die, I don't know what else to do, I have a loaded gun in my lap right now, I'm so scared."

A friend who was also stationed at the Brunswick Naval Air Station, called base security and reported that Purcell was contemplating suicide and had a gun.

Arriving on the scene, officers found an empty gun case and bullets on top of a television stand but no weapon. When the officers tried to restrain Purcell, a struggle ensued. He was eventually subdued by five officers.

Back in his room, Purcell was permitted to use the bathroom and one of his handcuffs was removed. He was accompanied by his friend, Nathan Mutschler.

"After entering the bathroom, Purcell pulled his gun from his waistband and committed suicide by shooting himself in the chest," court documents state.

Two responding officers, Petty Officer First Class Mitchell Tafel and Petty Officer First Class David Rodriguez, faced courts-martial for negligent conduct and were punished via extrajudicial proceeding.

Purcell's family filed an administrative tort claim with the Navy seeking $45 million in damages.

The claim was denied on the Feres doctrine, a tenant of the Federal Tort Claims Act that bars lawsuits brought by soldiers against the United States and its employees for military service-related injuries.
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