Classification & separation.

8. Classification & Separation U.S. District Court Bultema v. U.S., 195 F.Supp.2d 1001 (N.D.Ohio 2002). A federal prisoner brought an action BUNK, LOWER against the United States under the Federal Tort Claims Act (FTCA), claiming negligence after he fell from an upper bunk bed and severely injured his knee. The district court granted summary judgment in favor of the defendants, finding that the alleged negligence of the prison warden fell within the discretionary function exception of FTCA. The court found that the prisoner's contributory negligence, by failing to tell his unit officer that he was entitled to a bottom bunk, was the proximate cause of his injuries. Prison personnel had medically determined that the prisoner was required to sleep on a bottom bunk, but the warden decided to have the inmate tell unit officers that the had a...

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