Judge Jesse Furman
Former inmate Winters was transferred to a federal prison in August 2007. On Jan. 17, 2008 prison staff found an anonymous "drop note" threatening his safety if not moved from the "GA" housing unit. Winters was placed in protective custody. Upon a threat assessment’s completion the next day he was returned to the GA unit. Three months later he was hurt in a fight with fellow inmate Landeros, who arrived several weeks after the note’s discovery. Among other injuries, Winters was burned when Landeros heated liquid in a microwave oven and threw it at him. The court granted summary judgment dismissing Winters’ medical malpractice claim. It also dismissed, for lack of jurisdiction, negligence claims under the Federal Tort Claims Act (FTCA). Winters’ claims as to his return to the GA unit and failure to post warnings about the microwaves’ possible use as weapons fell within the Discretionary Function Exception (DFE) to the FTCA’s waiver of sovereign immunity. His claims about a guard’s response to the fight also fell within the DFE. Decisions as to how to safeguard prisoners are discretionary, as are considerations about the utility of prisoners’ use of microwave ovens and the unrest their removal might cause.
