United States First Circuit

In a prisoner's suit under the Federal Tort Claims Act for injuries he sustained from an attack by a fellow inmate, the district court properly applied the discretionary function exception and appropriately granted judgment to the government pursuant to Fed. R. Civ. P. 56(c).

Appellate Information

• Decided 07/09/2003
• Published 07/09/2003

Judges

• PONSOR, District Judge., Before SELYA, Circuit Judge, LIPEZ, Circuit Judge and PONSOR , District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Jose M. Rocafort-Bustelo, with whom Peter Calderon Melendez was on brief for appellant., Fidel A. Sevillano-Del Rio, Assistant U.S. Attorney, with whom H.S. Garcia, United States Attorney, and Miguel A. Fernandez, Assistant U.S. Attorney, were on brief for the United States.