United States Second Circuit
Triestman v. Federal Bureau of Prisons, 05-3080
Dismissal of complaint brought under the Federal Torts Claim Act is vacated as the pro se plaintiff's submissions should be read to include a theory of liability that the district court did not consider, which might not be barred by the FTCA's discretionary function exception.
Appellate Information
- Decided 12/05/2006
- Published 12/06/2006
Judges
- PER CURIAM:, Before: CALABRESI and B.D. PARKER, Circuit Judges, and LYNCH, District Judge.
Court
- United States Second Circuit
Counsel
- For Appellant:
- Ben Gary Triestman, pro se, Shady, N.Y.
- For Appellees:
- William H. Pease, Assistant United States Attorney (for Barbara D. Cottrell, Assistant United States Attorney) (Paula Ryan Conan, Assistant United States Attorney, of counsel), for Glenn T. Suddaby, United States Attorney for the Northern District of New York, Albany, N.Y., for Defendant-Appellee.