Judge Lorna Schofield
Hooker was hurt when fellow inmate Mejia attacked him, with a razor, in the Metropolitan Correctional Center's (MCC) recreation yard. District court dismissed Hooker's Federal Tort Claims Act (FTCA) suit claiming MCC employees' failure to follow proper procedures allowed the attack to occur. Finding Hooker without relief, the court dismissed his complaint. The government could not be held liable under the FTCA because no employee's conduct was negligent in a manner not covered by the FTCA's discretionary function exception. Even if Hooker could prove Officer Wingate negligent in her patdown search of inmates, the manner and speed of such searches involve discretion, including considerations of public safety covered by the discretionary function exception. Also, even if Hooker could prove that the actions of Officers Murray and Polito in their supervision of the recreation area caused his injury, their actions would be covered by the exception. Although MCC mandates that two officers supervise the recreation area, it does not mandate a particular course of action while doing so. Officer Polito's decision to go to the equipment room at another inmate's request was discretionary and within his duty to supervise.
