Smith v. United States

MEMORANDUM DECISION

CHIN, District Judge.

Pro se plaintiff J.F. Smith claims that in the winter of 1998-1999 he was locked in a segregation cell so cold that at times he could see his own breath, his knees swelled and his arthritis worsened, and he suffered severe stress, anxiety, and panic attacks. In this action under the Federal Tort Claims Act (the “FTCA”), 28 U.S.C. §§ 1346, 2671-2680, he charges that the Bureau of Prisons (the “BOP”) breached its duty to provide him with “suitable quarters” as required by law. See 18 U.S.C. § 4042(a)(2).

This case was bifurcated and the issue of liability…