Cohen v. United States

SIDNEY O. SMITH, Jr., District Judge.

This is an action for damages brought pursuant to the provisions of the Federal Tort Claims Act, 28 U.S.C.A. §§ 1346(b), 2671 et seq. by plaintiff, who at the time of the injury was a prisoner at the United States Penitentiary, Atlanta, Georgia. The particular injuries were suffered as the result of a physical beating by another inmate in the penitentiary. See Muniz v. United States, 374 U.S. 150, 83 S.Ct. 1850, 10 L.Ed.2d 805 (1963).

The main thrust of plaintiff’s suit is that the Government was negligent in failing to prevent the assault upon him by the…