Arnold Panella v. United States

HARLAN, Circuit Judge.

Arnold Panella was convicted under a Kentucky statute 1 in a Kentucky State Court as a habitual drug addict. He was sentenced to 12 months in jail, but placed on probation upon his election to undergo treatment for his addiction at the Public Health Service Hospital in Lexington, Ky., maintained and controlled by the United States through the Army Surgeon General. While an inmate at that institution he was allegedly assaulted by another inmate. He has sued the United States under the Federal Tort Claims Act, 28 U.S.C.A. §§ 1346, 2674, and 2680, to recover damages for his…