Legal Opinion

Marion C. Buchanan v. United States of America

Court of Appeals for the Fifth Circuit

Decided October 26, 1990No. 90-4288PublishedCited by 50 opinions

1Opinion of the Court

DUHÉ, Circuit Judge.

Federal prisoners who were held hostage by Cuban detainees during a prison uprising appeal the dismissal of their suit against the United States for damages under the Federal Tort Claims Act (FTCA). The district court held that the discretionary function exception to the FTCA bars the prisoners’ claims. We affirm.

In 1987 the Federal Detention Center at Oakdale, Louisiana was a low-to-medium security facility with open, dormitory-style housing and no segregation unit. It housed about 1,200 Cuban detainees who had entered the United States in the Mariel boatlift. These Cuban…

2Cases cited11 opinions

  1. Wolff v. McDonnellSupreme Court of the United States · 1974
  2. Bell v. WolfishSupreme Court of the United States · 1979
  3. Rhodes v. ChapmanSupreme Court of the United States · 1981
  4. Whitley v. AlbersSupreme Court of the United States · 1986
  5. Hewitt v. HelmsSupreme Court of the United States · 1983

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3Cited by50 opinions

  1. Debra Horta v. Charles B. SullivanCourt of Appeals for the First Circuit · 1993
  2. Felix Gonzalez Gisbert v. U.S. Attorney GeneralCourt of Appeals for the Fifth Circuit · 1993
  3. Castro v. United StatesCourt of Appeals for the Fifth Circuit · 2009
  4. Theriot v. United StatesCourt of Appeals for the Fifth Circuit · 1998
  5. In Re Katrina Canal Breaches Consolidated LitigationDistrict Court, E.D. Louisiana · 2009

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