NCJ Number
18161
Journal
UNIVERSITY OF MISSOURI AT KANSAS CITY LAW REVIEW Volume: 41 Issue: 2 Dated: (WINTER 1972) Pages: 308-333
Date Published
1972
Length
26 pages
Annotation
A REVIEW OF THE STATUS AND DIFFICULTIES IN PRISONER TORT LITIGATION AND THE PROBLEMS HIGHLIGHTED IN THE 1972 FIFTH CIRCUIT COURT DECISION IN LOGUE V. UNITED STATES.
Abstract
THE CURRENT TRENDS IN PRISONER LITIGATION IN GENERAL ARE FIRST REVIEWED. PROBLEMS PRISONER FACE IN TORT LITIGATIONS ARE DISCUSSED, AND INCLUDE CREDIBILITY IN THE FACE OF OFFICIAL'S TESTIMONY AND SECURING TESTIMONY FROM OTHER PRISONERS. THE CHIEF AVENUES FOR RECOVERY FOR FEDERAL PRISONERS ARE AGAINST THE TORT-FEASOR IN HIS INDIVIDUAL CAPACITY AND AGAINST THE UNITED STATES UNDER THE FEDERAL TORTS CLAIMS ACT (FTCA). IN MOST CASES, THE CHANCES OF COLLECTING ON A JUDGMENT WOULD BE ENHANCED IF THE PRISONER COULD SUE THE GOVERNMENT-EMPLOYER. THE MAIN BARRIER IS THE DOCTRINE OF SOVEREIGN IMMUNITY; UNLESS IT HAS WAIVED ITS IMMUNITY, THE STATE CANNOT BE SUED. FEDERAL IMMUNITY HAS BEEN WAIVED UNDER THE FEDERAL TORTS CLAIM ACT. THIS WAIVER IS SUBJECT TO MANY LIMITATIONS, AND EXCLUDES MOST INTENTIONAL TORTS AS WELL AS CLAIMS ARISING FROM THE EXERCISE OR PERFORMANCE OF DISCRETIONARY FUNCTIONS OR DUTIES. MOST NEGLIGENCE CLAIMS OF FEDERAL PRISONERS SHOULD FALL WITHIN THE SCOPE OF THE FTCA WAIVER; HOWEVER POTENTIAL RECOVERY FOR FEDERAL PRISON INJURIES IS RESTRICTED BY THE EXCLUSIVENESS OF THE PRISON INDUSTRIES COMPENSATION ACT REMEDY. THE DECISION IN LOGUE PRESENTS A SERIOUS OBSTACLE TO FTCA RECOVERY BY THE FEDERAL PRISONER INJURED WHILE HELD IN A CONTRACT LOCAL JAIL, SINCE THE FIFTH CIRCUIT COURT HELD THAT SUCH JAILS ARE 'CONTRACTORS' WITH THE UNITED STATES AND THUS OUTSIDE THE FTCA SHPERE OF LIABILITY. THE AUTHOR STATES THAT LOGUE REPRESENTS A TIMID STEP BACKWARDS FROM THE CHALLENGE OF ACCOUNTABILITY PRESENTED IN THE FTCA. HE FURTHER ARGUES THAT PEHAPS THE U.S. SUPREME COURT HAS ALSO RECOGNIZED THIS SINCE CERTIORARI HAS BEEN GRANTED. (AUTHOR ABSTRACT MODIFIED)