Legal Opinion

Ashford v. United States

Court of Appeals for the Fifth Circuit

Decided December 19, 2007No. 05-41482PublishedCited by 25 opinions

1Opinion of the Court

REAVLEY, Circuit Judge:

Edward Ashford sued several defendants on a variety of causes of action after he was violently assaulted in prison. Each defendant was granted summary judgment. Ashford contends here that the district court erred only in granting the United States summary judgment on his negligence claim under the Federal Tort Claims Act (“FTCA”). The district court ruled that the FTCA’s discretionary-function exception shielded the United States from suit. Because there are issues of material fact as to whether that exception applies, we reverse the grant of summary judgment and remand…

2Cases cited8 opinions

  1. United States v. GaubertSupreme Court of the United States · 1991
  2. Triple Tee Golf, Inc. v. Nike, Inc.Court of Appeals for the Fifth Circuit · 2007
  3. Faustino Calderon v. United StatesCourt of Appeals for the Seventh Circuit · 1997
  4. Kristopher Dykstra v. US Bureau of PrisonsCourt of Appeals for the Eighth Circuit · 1998
  5. Santana-Rosa v. United StatesCourt of Appeals for the First Circuit · 2003

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3Cited by25 opinions

  1. Michael Rinaldi v. United StatesCourt of Appeals for the Third Circuit · 2018
  2. Jose Davila v. USACourt of Appeals for the Fifth Circuit · 2013
  3. Teresa Gonzalez v. USACourt of Appeals for the Fifth Circuit · 2017
  4. In Re Katrina Canal Breaches Consolidated LitigationDistrict Court, E.D. Louisiana · 2009
  5. Kevin Walker v. State of IowaSupreme Court of Iowa · 2011

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