Shivers v. United States, No. 17-12493 (11th Cir. 2021)Annotate this Case
After plaintiff was attacked by his cellmate, he filed suit against the United States under the Federal Tort Claims Act (FTCA) and five prison employees under Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388, 91 S. Ct. 1999 (1971). Plaintiff alleged that prison officials negligently assigned the cellmate to plaintiff's cell and that their conduct also violated his Eighth Amendment rights.
The Eleventh Circuit affirmed the district court's dismissal of plaintiff's FTCA claim against the United States based on the discretionary function exception to the FTCA's waiver of sovereign immunity. The court explained that inmate-classification and housing-placement decisions fall squarely within the discretionary function exception. The court also affirmed the district court's dismissal without prejudice of plaintiff's Bivens claim against the prison employees for failure to exhaust his administrative remedies.