District Judge William M. Skretny


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The government moved to dismiss negligence action under the Federal Tort Claims Act, arguing that certain exceptions to the FTCA applied to bar suit. Plaintiff, employed as a security officer with Asset Protection & Security, which contracted with Immigration and Customs Enforcement to furnish unarmed officers at ICE’s Buffalo detention facility. Although AP&S was responsible for security, ICE retained authority over classification of detainee security risk. Detainee “T” had a disciplinary history that was not relayed to AP&S officers and assaulted plaintiff during recreational period. The government argued that plaintiff’s allegations of negligence fell within the discretionary function exception of the FTCA. The court granted the government’s motion to dismiss, agreeing that ICE’s alleged negligent failure to disseminate information about Detainee “T” and his release from restricted housing constituted discretionary acts falling within the FTCA’s exception–because plaintiff could not point to a statute or regulation that mandated the negligent actions. Further, the court rejected plaintiff’s “negligent guard” theory, noting that it only applied to a disregard of official policy, not a negligent decision made pursuant to such policy.