· 7/28/1997
Faustino Calderon v. United States
Citations
- 123 F.3d 947
- 1997 U.S. App. LEXIS 19800
- 1997 WL 420740
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that even ordinary, \day to day\ decisions of corrections officers involve \considerations of public policy\
- holding that the discretionary function exception barred FTCA claim by federal prisoner injured during assault by another inmate
- deciding that § 4042 does not set forth “particular conduct the [Bureau’s] personnel should engage in or avoid while attempting to fulfill their duty to protect inmates”
- holding that BOP officials' decision whether to separate inmates is discretionary
- concluding that 25 “the actions of the BOP involved discretion grounded in public policy considerations” with respect 26 to its decision not to discipline an inmate who later assaulted the plaintiff
- holding that when the inmate has presented no evidence the prison officials witnessed any violation of prison regulations the actions are presumed grounded in public policy and the discretionary function exception applies
Source: CourtListener parenthetical corpus (CC0).
Judges: Manion, Kanne, Evans
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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