United States Sixth Circuit

Summary judgment was improperly granted to defendant on prisoner's suit under the Federal Tort Claims Act concerning injuries sustained when he fell from his top bunk. Given the alleged violation of bunk-bed policy, the discretionary function exception was inapplicable; given the contradictory evidence as to plaintiff's negligence, comparative negligence did not bar recovery.

Appellate Information

• Decided 02/23/2004
• Published 02/23/2004

Judges

• Before MOORE and ROGERS, Circuit Judges;  FORESTER, Chief District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Mark L. Wakefield (argued and briefed), Lowe, Eklund, Wakefield & Mulvihill, Cleveland, OH, for Plaintiff-Appellant.


• For Appellees:
  
• Marlon A. Primes, Asst. U.S. Attorney (argued and briefed), Cleveland, OH, for Defendant-Appellee.