Henry Winston v. United States

Although the majority is “not unmindful of decisions elsewhere at variance” with its own, apparently it ascribes little significance to the fact that without exception every court which has considered this issue has held that the government is not liable for the negligence of its prison officials under the Federal Tort Claims Act. See James v. U. S., 280 F.2d 428 (8th Cir.), cert. denied, 364 U.S. 845, 81 S.Ct. 88, 5 L.Ed.2d 69 (1960) following Lack v. U. S., 262 F.2d 167 (8th Cir. 1958); Jones v. U. S., 249 F.2d 864 (7th Cir. 1957); Muniz v. U. S., 60 Civ. 1624, S.D.N.Y., Nov. 4, 1960, rev’d…