Kesselman Brantly Stockinger and Solomon Law Firm PLLC achieved a significant litigation win for their client Kathryn Spletstoser this week in a decision that stands to impact millions of service men and women. On August 11, 2022, the United States Court of Appeals for the Ninth Circuit denied former US Air Force General John Hyten and the US Governments’ motion to dismiss former US Army Colonel Kathryn Spletstoser’s first amended complaint alleging Hyten sexually assaulted her.
Hyten, the defendant in this matter, was a well-known four star general in the US Air Force and former vice Chairman of the Joint Chiefs of Staff under the Trump and Biden administrations. He is alleged to have committed sexual assault against Ms. Spletstoser who was a decorated combat veteran and rising star in the US Army. The government moved to dismiss the case based on the Feres Doctrine, an immunity that prevents service members from filing suit against the government over injuries resulting from military service. The district court denied immunity to the US government who then appealed to the Ninth Circuit. Immunity was again denied in this case by the Ninth Circuit, with the court stating they “cannot fathom’ how the alleged sexual assault in this case could ever be considered an activity ‘incident to [military] service.”The case was highlighted in Law360: articles /1520388/ 9th- circ-allows -sex -assault- suit- against- former- general The case is Kathryn Spletstoser v. John Hyten,et al, case number: 20-56180