Henry Winston v. United States

Rehearing En Banc

Before LUMBARD, Chief Judge, and CLARK, WATERMAN, MOORE, FRIENDLY, SMITH, KAUFMAN, HAYS and MARSHALL, Circuit Judges. HAYS, Circuit Judge,

with whom Judges CLARK, WATERMAN, SMITH and MARSHALL concur.

concur.

The question presented by this case is whether a prisoner in a federal penitentiary may sue the United States under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2674-2680 (1958), for injuries incurred as the result of the negligence of prison officials. The ease was originally heard by a panel consisting of Judges CLARK, HINCKS and KAUFMAN and the question was…