Santana-Rosa v. United States

PONSOR, District Judge.

I. Introduction

Appellant Domingo Santana Rosa (“Santana Rosa”), a prisoner in the custody of the Bureau of Prisons (“BOP”) at the Metropolitan Detention Center (“MDC”) in Guaynabo, Puerto Rico, was attacked and badly injured by another inmate wielding a tool referred to as a “sweeping brush.” He brought suit against the United States under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. §§ 2671 et seq., anchoring jurisdiction on 28 U.S.C. § 1346(b). The district court granted the defendant’s motion for summary judgment based, inter alia, on the discretionary function…