Swan v. United States

ORDER GRANTING DEFENDANTS UNITED STATES OF AMERICA AND LINDA YOUNG-MILLER, PH.D.’s MOTION FOR SUMMARY JUDGMENT

JENKINS, District Judge.

Before the Court is defendants United States of America and Linda Young-Miller, Ph.D.’s (“Young-Miller”) motion for summary judgment. The defendants contend that plaintiff Eugene Oliver Swan’s (“Swan”) claim for violation of the Eighth Amendment to the United States Constitution against Young-Miller fails because she is shielded from liability by the doctrine of qualified immunity, and that Swan’s negligence claim, brought under the Federal Tort Claims Act…