Barry Dean Rogers, by His Guardian Ad Litem, Luther James Rogers v. United States

CRAVEN, Circuit Judge:

In a peculiar and not entirely undisputed fact situation involving Appellant Rogers’ claim under the Federal Tort Claims Act, the district judge entered summary judgment for the Government. We think that further development of the facts and surrounding circumstances would assist in making correct determinations of difficult questions of law, and we reverse and remand for trial. See 3 Barron & Holtzoff § 1234 (1958).

While awaiting trial on a charge of interstate transportation of a stolen automobile, the 17-year-old plaintiff, Rogers (probationer), was confined in the…