United States Fifth Circuit

In an action brought against defendants on a variety of causes of action after plaintiff was violently assaulted in prison, summary judgment for defendants is reversed where, for purposes of a negligence claim under the Federal Tort Claims Act (FTCA), there are issues of material fact as to whether the FTCA's discretionary-function exception shielded the U.S. from suit.

Appellate Information

• Decided 12/19/2007
• Published 12/20/2007

Judges

• REAVLEY, Circuit Judge:, Before REAVLEY, SMITH and GARZA, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Edward Dwayne Ashford, Calipatria, CA, pro se., Andrea Lynn Parker, Asst. U.S. Atty., Beaumont, TX, for U.S.