Hajdusek v. United States

Joseph Hajdusek (plaintiff) enrolled in the Marine Corps Delayed Entry Program (the DEP), a program in which individuals signed up for the Marine Corps with a delayed start to allow time to physically and mentally prepare for active service. While in the DEP, participants, known as poolees, were required to engage in exercises deemed necessary by their local recruiting stations. After Hajdusek missed a required event, Staff Sargent Mikelo, the manager of Hajdusek’s recruiting station, ordered him to report for physical training. The session was significantly more demanding than previous trainings and resulted in Hajdusek suffering muscle decay leading to permanent disability. Because Hajdusek was not yet on active duty, he was not entitled to military benefits compensating for his injury. Consequently, Hajdusek filed suit against the federal government (defendant), alleging that Mikelo’s conduct during the training session amounted to negligence, entitling him to damages. Hajdusek believed that the Federal Tort Claims Act (FTCA) authorized his suit. The government disagreed, arguing that it was immune from liability because Hajdusek’s claim fell within the FTCA’s exception for discretionary immunity. The district court agreed with the government and dismissed Hajdusek’s suit. Hajdusek appealed to the court of appeals.