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United States Sixth Circuit


MONTEZ v. US, 02-6303

This tort claim, brought by the mother of an inmate who was beaten to death with a fire extinguisher by other inmates, was properly dismissed. The prison officials' decisions regarding the safety of the victim fell within the discretionary function exception to the Federal Tort Claims Act.

Appellate Information

  • Decided 02/26/2004
  • Published 02/26/2004

Judges

  • Before NELSON, GILMAN, and ROGERS, Circuit Judges.

Court

  • United States Sixth Circuit

Counsel

  • For Appellant:
  • T. Bruce Simpson, Jr. (argued and briefed), Anggelis & Gordon, Lexington, Kentucky, for Appellant.

  • For Appellees:
  • Thomas Lee Gentry (argued and briefed), Asst. U.S. Attorney, Mason Moore Kessinger (briefed), Asst. U.S. Atty., Lexington, Kentucky, for Appellee.
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