Montez Estate of Hearlson v. U.S.U.S. Appeals Court FTCA FTCA Federal Tort Claims Act FTCA Federal Trade Commission Act FTCA French Central Technical Armament Establishment -- Federal Tort Claims Act Enacted in 1946 the Federal Tort Claims Act (FTCA) (60 Stat. 842) removed the inherent Immunity of the federal government from most tort actions brought against it and established the conditions for the commencement of such suits. Montez Estate of Hearlson v. U.S., 359 F.3d 392 (6th Cir. 2004). The administratrix ADMINISTRATRIX. This term is applied to a woman to whom letters of administration have been granted. See Administrator. of the estate of a murdered federal inmate brought a negligence claim against the United States under the Federal Tort Claims Act (FTCA). The district court dismissed the case and the administratrix appealed. The appeals court affirmed. The appeals court that the allegations in the complaint were insufficient to rebut To defeat, dispute, or remove the effect of the other side's facts or arguments in a particular case or controversy. When a defendant in a lawsuit proves that the plaintiff's allegations are not true, the defendant has thereby rebutted them. TO REBUT. the presumption that prison officials' decisions regarding the inmate's safety at the time of his death were of the type that could be said to be grounded in Bureau of Prisons (BOP) policy, and thus the FTCA's discretionary function exception shielded the United States from liability for the inmate's death. The court noted that applicable statutes and regulations gave the BOP discretion in deciding how to accomplish its stated objectives and to decide when disciplinary action is necessary. (Federal Medical Center, Lexington The Federal Medical Center, Lexington is a federal prison in Lexington, Kentucky housing 1,447 male inmates at a high security camp and 283 female inmates at a low security camp. History The site opened on May 15 1935 on 1,000 acres under the name "U.S. , Kentucky) |
|
||||||||||||||||||||
Printer friendly
Cite/link
Email
Feedback
Reader Opinion