Henry Winston v. United States

KAUFMAN, Circuit Judge,

whom Chief Judge LUMBARD, and Judges MOORE and FRIENDLY join (dissenting) .

When this appeal was first considered by a panel of the Court, two judges were of the opinion that the Tort Claims Act permitted federal prisoners to sue the Government for injuries resulting from “operational negligence” of prison authorities, and the writer of this opinion, for reasons set forth at length in a dissent, agreed with the Government (appellee) that the Act did not permit such claims. Reconsideration of the appeal by all the active judges has done nothing to alleviate the…