United States v. Stanley
Encyclopedia
In United States v. Stanley , the United States Supreme Court found that a serviceman could not file a tort action against the federal government, even though the government secretly administered doses of LSD
to the serviceman as part of an experimental program, because his injuries were found by the lower court to be service-related.
, Kentucky
, volunteered for what he thought was a chemical warfare testing program, but instead Stanley was secretly administered lysergic acid diethylamide (LSD
) in a US Army plan to test the effects of the drug on human subjects.
Stanley claimed that as a result of the LSD exposure, he suffered from hallucinations, periods of incoherence, and memory loss due to his unawareness of having taken the drug. He suffered severe personality changes that led to his discharge and the dissolution of his marriage.
Stanley filed a lawsuit under the Federal Tort Claims Act
(FTCA) alleging negligence in the administration, supervision, and subsequent monitoring of the experimental program.
The United States Court of Appeals for the Eleventh Circuit
held that the serviceman could assert his claims under the FTCA and refused to dismiss the serviceman's Bivens claims.
After granting certiorari
, the Supreme Court held that the circuit court had no jurisdiction to give orders to dismiss FTCA claims. The Supreme Court also held there was no Bivens claim for the serviceman's injuries because the lower court ruled the injuries occurred during Stanley's military service.
LSD
Lysergic acid diethylamide, abbreviated LSD or LSD-25, also known as lysergide and colloquially as acid, is a semisynthetic psychedelic drug of the ergoline family, well known for its psychological effects which can include altered thinking processes, closed and open eye visuals, synaesthesia, an...
to the serviceman as part of an experimental program, because his injuries were found by the lower court to be service-related.
Background
In February 1958, James B. Stanley, a master sergeant in the Army stationed at Fort KnoxFort Knox
Fort Knox is a United States Army post in Kentucky south of Louisville and north of Elizabethtown. The base covers parts of Bullitt, Hardin, and Meade counties. It currently holds the Army Human Resources Center of Excellence to include the Army Human Resources Command, United States Army Cadet...
, Kentucky
Kentucky
The Commonwealth of Kentucky is a state located in the East Central United States of America. As classified by the United States Census Bureau, Kentucky is a Southern state, more specifically in the East South Central region. Kentucky is one of four U.S. states constituted as a commonwealth...
, volunteered for what he thought was a chemical warfare testing program, but instead Stanley was secretly administered lysergic acid diethylamide (LSD
LSD
Lysergic acid diethylamide, abbreviated LSD or LSD-25, also known as lysergide and colloquially as acid, is a semisynthetic psychedelic drug of the ergoline family, well known for its psychological effects which can include altered thinking processes, closed and open eye visuals, synaesthesia, an...
) in a US Army plan to test the effects of the drug on human subjects.
Stanley claimed that as a result of the LSD exposure, he suffered from hallucinations, periods of incoherence, and memory loss due to his unawareness of having taken the drug. He suffered severe personality changes that led to his discharge and the dissolution of his marriage.
Stanley filed a lawsuit under the Federal Tort Claims Act
Federal Tort Claims Act
The Federal Tort Claims Act or "FTCA", , is a statute enacted by the United States Congress in 1948. "Federal Tort Claims Act" was also previously the official short title passed by the Seventy-ninth Congress on August 2, 1946 as Title IV of the Legislative Reorganization Act, 60 Stat...
(FTCA) alleging negligence in the administration, supervision, and subsequent monitoring of the experimental program.
The United States Court of Appeals for the Eleventh Circuit
United States Court of Appeals for the Eleventh Circuit
The United States Court of Appeals for the Eleventh Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Middle District of Alabama...
held that the serviceman could assert his claims under the FTCA and refused to dismiss the serviceman's Bivens claims.
After granting certiorari
Certiorari
Certiorari is a type of writ seeking judicial review, recognized in U.S., Roman, English, Philippine, and other law. Certiorari is the present passive infinitive of the Latin certiorare...
, the Supreme Court held that the circuit court had no jurisdiction to give orders to dismiss FTCA claims. The Supreme Court also held there was no Bivens claim for the serviceman's injuries because the lower court ruled the injuries occurred during Stanley's military service.
See also
- List of United States Supreme Court cases, volume 483
- List of United States Supreme Court cases
- Lists of United States Supreme Court cases by volume
- List of United States Supreme Court cases by the Rehnquist Court
- Project MKULTRAProject MKULTRAProject MKULTRA, or MK-ULTRA, was the code name for a covert, illegal CIA human experimentation program, run by the CIA's Office of Scientific Intelligence. This official U.S. government program began in the early 1950s, continued at least through the late 1960s, and used U.S...