Clinton Martin Fleishour v. United States

KNOCH, Circuit Judge.

The plaintiff-appellant, Clinton Martin Fleishour, sued under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2674, to recover damages for personal injuries arising out of an incident at McNeil Island, Washington, a federal penitentiary, when he was assaulted and battered by a fellow prisoner, Troy Lee String-fellow. The case was tried on the severed issue of liability alone.

The plaintiff’s position is that the government was charged with the duty of providing him with suitable quarters, care and protection from assaults of other prisoners, and that the government was…