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Torts — FTCA — discretionary function exception

By: WISCONSIN LAW JOURNAL STAFF//November 18, 2014//

Torts — FTCA — discretionary function exception

By: WISCONSIN LAW JOURNAL STAFF//November 18, 2014//

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U.S. Court of Appeals For the Seventh Circuit

Civil

Torts — FTCA — discretionary function exception

Where a federal prisoner alleges that the guards violated explicit responsibilities, leading to his beating by other prisoners, the government is not entitled to immunity under the discretionary function exception.

“The government has also failed to establish that the actions of the prison guards assigned to Units 1 and 2 are protected by the discretionary function exception. The government relies on the declaration of a prison administrator that guards assigned to different areas of the compound are interchangeable and that guards do not need to be in any particular area at any given time. However, the heavily redacted documents in the record suggest that prison guards are assigned to specific areas of the yard and are required to monitor their areas and to respond to emergency situations within them. In other words, guards cannot choose, at least without a good reason, to stop monitoring their assigned areas without violating their explicit responsibilities under the post orders.

Keller alleges that the guards stopped monitoring their assigned areas as required by the post orders because they were lazy and inattentive. There is no evidence to the contrary in the record. Based on the summary judgment record, then, we cannot conclude as a matter of law that the guards’ behavior is shielded by the discretionary function exception.”

Reversed and Remanded.

13-3113 Keller v. U.S.

Appeal from the United States District Court for the Southern District of Indiana, Magnus-Stinson, J., Hamilton, J.

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