Censke v. United States

MEMORANDUM OPINION AND FINDINGS OF FACT AND CONCLUSIONS OF LAW

Jeffrey Cole, UNITED STATES MAGISTRATE JUDGE

INTRODUCTION

Thomas Censke sued the United States under the Federal Tort Claims Act, alleging that he was the victim of an assault and battery by guards while he was incarcerated at the Metropolitan Correctional Center (“MCC”) in Chicago.1 The case proceeded to trial in July 2013, with Mr. Censke proudly announcing that he was “a showman,” and saying: “if I were to be my usual showman, I would say like Bugs Bunny, please, your Honor, on with the show.”(Tr. 12, 23). And so began a two-day…