Douglas Glynn Payton, Administrator of the Estate of Sheryl Lynn Payton, Deceased v. The United States of America

HATCHETT, Circuit Judge:

Appellants bring this wrongful death action under the Federal Tort Claims Act (FTCA)1 charging the United States with negligence resulting from the parole of a dangerously psychotic prisoner, who subsequently murdered appellants’ decedent. The district court dismissed appellants’ complaint due to lack of jurisdiction, based on the court’s interpretation of the “discretionary acts” exemption to the FTCA, 28 U.S.C. § 2680(a).2 A panel of this court reversed the district court’s decision. Payton v. United States, 636 F.2d 132 (5th Cir. 1981). Finding that the district…