Calderon v. United States

MEMORANDUM OPINION AND ORDER

CASTILLO, District Judge.

Plaintiff Faustino Calderon (“Calderon”) a former federal inmate who was the unfortunate victim of a vicious assault by his former cellmate, has filed this lawsuit against the United States pursuant to the Federal Tort Claims Act asserting that the United States was negligent in failing to prevent the attack. Presently pending before this Court is the United States’ motion to dismiss or, in the alternative, for summary judgment. This motion asserts the discretionary function defense to the Federal Tort Claims Act, under which the United…