Top General Escapes Colonel's Sex Assault Suit For Now

Law360 (July 24, 2020, 9:57 PM EDT) -- A California federal judge has at least temporarily tossed a former subordinate's suit accusing the Pentagon's second-highest-ranking officer of subjecting her to unwanted sexual acts and retaliation, ruling that a bar on claims considered incident to military service applied.

Although it was a "close call," the four factors that went into weighing whether the so-called Feres doctrine applied were more in favor of U.S. Air Force Gen. John Hyten, the vice chair of the Joint Chiefs of Staff, than Kathryn Spletstoser, a former U.S. Army colonel, U.S. District Judge Michael Fitzgerald ruled in an order released Thursday.

"Putting all these factors together,...

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