· 2/23/2004
James Bultema v. United States
Citations
- 359 F.3d 379
- 2004 U.S. App. LEXIS 3107
- 2004 WL 323189
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that claims regarding BOP’s decision to not place ladders or guard rails on top bunks were barred by the discretionary function exception
- explaining that an “act does not necessarily amount to an exercise of a discretionary function merely because carrying out the general policy provided the opportunity for the negligent act.”
- explaining that an “act does not necessarily amount to an exercise of a discretionary function merely because carrying out the general policy provided the opportunity for the negligent act”
- finding policy of not providing ladders or guardrails based on security concern a discretionary function insulated from FTCA liability
- bunk pass and decisions “involve the type of across-the board policy-making judgment that the discretionary function exception was meant to leave to federal administrators, in this case prison administrators”
Source: CourtListener parenthetical corpus (CC0).
Judges: Moore, Rogers, Forester
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.