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Montez Estate of Hearlson v. U.S.

U.S. Appeals Court


Montez Estate of Hearlson v. U.S., 359 F.3d 392 (6th Cir. 2004). The administratrix 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 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, Kentucky)
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Title Annotation:cases of negligence
Publication:Corrections Caselaw Quarterly
Article Type:Brief Article
Geographic Code:1U6KY
Date:Nov 1, 2004
Previous Article:Kelley v. County of Wayne.
Next Article:Riccardo v. Rausch.

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