Willard Wooten v. United States of America

NATHANIEL R. JONES, Circuit Judge.

Plaintiff Willard Wooten appeals from the district court’s order setting aside the judgment entered in his favor and dismissing his complaint brought under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. §§ 1346(b) and 2671 et seq. (1982). For the reasons set forth below, we reverse the district court’s order in part and remand the case for further proceedings.

Wooten was incarcerated at the Federal Correctional Institution (“FCI”) in Miami, Florida, on October 16, 1981. Five years prior to this, Wooten had suffered a back injury that was later diagnosed as a…