United States Fourth Circuit

In an injury and tort action brought by a federal prisoner who was severely beaten and stabbed in prison, the district court's dismissal for lack of subject matter jurisdiction is: 1) affirmed in that the prison officials' decision not to separate plaintiff from his attackers in the recreation cage is subject to the discretionary function exception of the Federal Tort Claims Act, 28 U.S.C. section 1346(b); and 2) remanded for further discovery on plaintiff's claim that prison officials did not properly search other inmates before placing them in the recreation cage.

Appellate Information

• Published 2015/12/29

Judges

• KEENAN

Court

• United States Fourth Circuit

Counsel