Barry Dean Rogers, by His Guardian Ad Litem, Luther James Rogers v. United States

I agree that the judgment should be reversed and the case remanded for plenary hearing to determine if the Marshal assumed a duty toward the plaintiff, the breach of which gave rise to liability on the part of the United States. I disagree, however, that, on the facts of this case not in dispute, there could be any duty to the plaintiff arising out of 18 U.S.C.A. § 4283, or the order entered thereunder, which was breached. On this point I am content to rest on the conclusions of the able district judge, as expressed in his opinion.* Accordingly, I would limit the scope of the remand to an…