bivens part of the action or allows the other claim. the decision from this circuit isd in this context it challenging the management of the military. the court said it was impermissible to create the cause of action. claimed that they were wrongly detained and treated with torture by the government. so, if the plaintiffs had been off duty, would that have changed the whole analysis? isknow, and the reason why the allegations are not that the defendants actually engaged in these acts. their allegations go to the management of the military. shearer says you do not have to go to the other type of analysis is -- ayzing affair feres tech case. you know on the face of the complaint that the plaintiffs are challenging the management of the military and that is enough. >> if the allegation was that the management of the military was nonexistent -- people were dying left and right as a result rapes, andates -- nothing was being done in the if that weren't allegation about military management, that would be part of the case? >> that's right. >>