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.