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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26845
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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This is long. I need to know if I can sue the Navy. I have

Resolved Question:

This is long. I need to know if I can sue the Navy. I have just found out that my husband is a sex addict. He has been being investigated for many things over the past few months. He told the investigators that he cannot control himself. They did a polygraph where we admitted to these things. They still did nothing. He was caught having sex with neighbors, which was also hidden. Now he has had a mental breakdown after being caught sleeping with a minor. He was told she was of age. There is proof of this. My whole family is shattered and my husbands life is over. Is there anything I do?
Submitted: 1 year ago.
Category: Military Law
Expert:  P. Simmons replied 1 year ago.
Thanks for the chance to help. I am an attorney with over 12 years military law experience.

Sorry Ma'am not sure I understand...you want to sue the Navy for what? For your husband sleeping with a minor?
Customer: replied 1 year ago.

They were aware that he had a problem. They chose to not get him treatment and to ignore and intentionally hide it. His behavior continued to get worse, and they continued to hide it. Now he has done something that is going to ruin all of lives. I believe the Navy had the knowledge and ability to intervene and help him, and they chose to do nothing. As a result, he has had a mental breakdown and is in a psych unit. He is facing jail time. I had no way to know he was in distress because they purposely hide everything, yet failed to get him the help he needed.

Expert:  P. Simmons replied 1 year ago.
Thank you Ma'am

I am sorry for this dilemma. And I now understand your point.

But I am sorry to have to bear bad news. This is not something you can sue for.

The reason lies in the concept of "sovereign immunity" which dates back to pre-America British law. Sovereign immunity basically holds you can not sue the sovereign unless they allow you to do so.

So in this case, you can not sue the Federal Government (the Navy) unless you follow the rules in the Federal Tort Claims Act. The FTCA is the law that governs lawsuits against the government.

The FTCA exempts, among other things, claims based upon the performance, or failure to perform a "discretionary function or duty." And this is the key. Basically, it the Navy had discretion (had a choice in the matter) you can not sue them.

In this case, they had discretion on how to deal with this and chose not to treat him...you are not able to sue because of that.

Unfair? I think perhaps it is.

But it is how the law is written.


Again, I am sorry to have to bear bad news...you will not be able to sue over this.

Let me know if you have more questions...happy to assist if I can
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26845
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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