United States V. Stanley - Background

Background

In February 1958, James B. Stanley, a master sergeant in the Army stationed at Fort Knox, 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 (see Project MKUltra).

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.

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