Hernandez v. United States

MEMORANDUM**

Ruben T. Hernandez appeals the district court’s judgment dismissing his action against the United States seeking money damages pursuant to the Federal Tort Claims Act (“FTCA”), 28 U.S.C. §§ 1346(b), 2671 et seq. The district court determined that Hernandez’s claim that government officials were negligent in failing to protect him from assault while housed in a federal detention center was barred by discretionary function exception to the FTCA, 28 U.S.C. § 2680(a). We *207have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 1291. We affirm.

We review de novo the dismissal…