United States Eighth Circuit

In a wrongful death action under the Federal Tort Claims Act (FTCA), asserting that a Bureau of Indian Affairs law enforcement officer failed adequately to supervise, secure, and detain plaintiff's son after his arrest for federal sex crimes, resulting in his suicide, the dismissal of the complaint is affirmed where a federal law enforcement officer’s on-the-spot decisions concerning how to effectuate an arrest -- including how best to restrain, supervise, control or trust an arrestee -- fell within the discretionary function exception to the FTCA absent a specific mandatory directive to the contrary.

Appellate Information

• Decided 01/11/2011
• Published 01/11/2011

Judges

• William J. Riley

Court

• United States Eighth Circuit

Counsel