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· 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 CourtListener

Sourced 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.