European Stars And Stripes (Newspaper) - June 28, 1985, Darmstadt, Hesse                                Page 4 the stars and stripes june justices Rule has no liability in Case of slain Soldier Washington up the supreme court ruled thursday the government is not liable for the death of a Serviceman killed by a fellow both of whom were off duty and off base at the the courts 80 decision reversed a lower court ruling that allowed the family of Vernon Shearer to sue the government for negligence in his 1977 murder by another sol to permit this Type of suit would mean that commanding officers would have to stand prepared to convince a civilian court of the Wisdom of a wide Range of military supreme court Roundup and disciplinary decision for whether to Overlook a particular incident or whether to discharge a and whether and How to place restraints on a soldiers of base chief Justice Warren Burger said in the courts the with Justice Lewis Powell not based its decision on a 1950 supreme court ruling in the Case of feres the United since called the feres which prevents servicemen from suing their commanders for alleged negligence As Long As their actions were related to military the doctrine has been invoked repeatedly in recent years to prevent veterans from suing the government for such varied items As injuries from exposure to the chemical defoliant agent Orange in Vietnam and exposure to radiation during testing in the in other the court ruled 54 in a Case involving the Pat Tern makers league of North America that unions cannot prevent their members from resigning before or during a that discrimination victims who turn Down a pretrial settlement then win a smaller amount at May not collect attorney fees for work done after the offer was in a 63 Victory for the International longshoremen upheld rules restricting the handling of Container ruled 90 that trustees of pension and welfare funds cannot be held personally Lia ble for mishandling a claim for the controversy in the military Case arose after stationed at fort was killed by Andrew heard in Otero while they were both off fort Bliss Borders new heard was convicted in a state court and sentenced to serve 15 to 55 years in shearers of sued the arguing that officials knew heard had murderous tendencies but did nothing to warn while serving in Germany in heard was convicted of manslaughter in a German court and was sentenced to four years in in february 1979 he was released Early and sent to fort four months later he killed the 3rd circuit court of appeals said the Case should be allowed to go to trial be an of duty Serviceman not on the military base and not engaged in Mili tary activity at the time of injury should be allowed to sue the government for Farewell to slain Marine a photo friends and family of Marine sgt Gre gory Weber console each other follow ing funeral services in Weber was one of four marines slain by gun men in an attack on diners at an out door cafe in san Salvador on june agent Orange in Vietnam and exposure to on the military base and not engaged in Mili gory Weber console each owner Lozow men in an Mara us radiation during testing in the tary activity at the time of injury should be funeral services in Weber door cafe in san Salvador on june i n other the court allowed to sue the government for i one ills fax idea Worth some Stockman says Washington a budget direct who would not pay into the retirement sys deadlock come recipients have been taxed on half Tor David Stockman says the adminis Tern under current Oneill and Dole both expressed Hope their social Security i have Long Runn Ehn Iii Stich a inn ski them cosh whore with Keshav that the search for a Comoro believed we should have gone further to Washington a budget director David Stockman says the administration should study House speaker Thom As Oneill suggestion to increase the taxes paid by social Security beneficiaries with outside a Massachusetts mentioned the tax possibility wednesday when asked if there is any room for Compro Mise on the social Security Issue that has deadlocked budget negotiations Between the House and Stockman said one ills proposal is an interesting and Worth some at the same Oneill reiterated his opposition to freezing social Security Bene a move backed by Senate republicans and endorsed by president Senate majority Leader Robert r said republicans have not abandoned the freeze on social Security but he said they Are considering such As extending social Security coverage to newly hired state and local employees who would not pay into the retirement sys tem under current in Dole said gop leaders Are considering extending medicare coverage to those not covered by the As another Way to raise since More people would be paying into the Senate aides estimate that the two moves could raise a total of billion Over the next five i think everybody wants to get a Bud Dole said wednesday before he and the Senate budget chairman Pete huddled with Stockman on Capitol with no end in sight to the latest congressional budget there is grow ing concern about the chances for enacting any tax overhaul legislation this As the president is budget talks Between the House and Senate collapsed tuesday after Domenici declared there was no useful purpose in bargaining As Long As the social Security deadlock Oneill and Dole both expressed Hope wednesday that the search for a Compro Mise Between budget plans passed by their Chambers would resume and that the stale mate could be Oneill said he could support an increase in taxes on social Security benefits for Reti Rees earning above a year or Cou Ples earning above a under current such individuals and couples pay taxes on 50 percent of their social Security Oneill proposed raising that level to 85 those people Are to be perfectly said who draws social Security benefits in addition to his salary As House Oneill said the term freeloaders is to describe people like myself who retire with High incomes and escape paying a fair tax on our social Security the fact is since High in come recipients have been taxed on half their social Security i have Long believed we should have gone further to ensure that i and others in High income brackets pay a fair tax on our social Secu Rity he Christopher one ills sought to further defuse the speakers saying that the idea is not something Hes pushing now but Sim ply a restatement of a previous a social Security administration spokes Man said that taxing 85 percent of benefits instead of 50 percent would bring in billion More from 1986 to under current the tax is expected to bring in billion during that an estimated 10 percent of the nations 36 million social Security recipients pay taxes on their by a oneyear freeze on social Security benefits would save billion in three the savings would keep mount ing in later years since there would be no catchup increase for the 12 months 10 of teachers in Arkansas failed skills test Little a ten per cent of the More than teachers who took the states  Basic skills test failed at least part of the according to state education figures announced wednesday showed of the teachers Takina the controversial test this Spring got an of in at least one those who dont pass be fore june 1987 cannot be re certified to teach in the the Best scores were in predominantly White counties and the worst in predominantly Black Carroll a White had the top with percent of the teachers and Lee a pre dominantly Black had the worst percent of the teachers Bill a test said the exam was not culturally he said Blacks and Whites failed for the same Rea son their background and the states fiercest testing a Kansas education association president Peggy said the scores prove she renewed her Promise to file a Federal lawsuit against the state Over the the organization failed in its fight to have the tests ruled unconstitutional in state teachers who flunked will be retested within a year on the part they failed ther writing or the teachers took the exam March or at two makeup dates in failure rates were 7 percent in 5 percent in and 3 percent in Correct answers to 70 percent of the questions in math and Reading were considered writing was graded on a Pas fail to fail the writing a teachers work had to be such that a grading Board judged it to be of less than professional Quality and said James to who helped develop the Popham said tests cannot be classified As to Grade but he judged the Reading and writing portions to be on a College the math portion was on a level of about the eighth Grade Mccause that is the average level needed in Arkansas he Clinton said it is unacceptable to have teachers in the classroom without the skills necessary to pass the test because failure would influence weve identified the and now were going to go out and solve be