Dickson v. United States, No. 19-40932 (5th Cir. 2021)Annotate this Case
Plaintiff appealed the district court's dismissal of his negligence and intentional tort claims alleging that Bureau of Prison (BOP) officials caused him a variety of harm while he was incarcerated at USP Beaumont.
The Fifth Circuit affirmed the district court's dismissal of plaintiff's negligence claims based on lack of subject matter jurisdiction. The court concluded that the district court fairly construed plaintiff's complaint as asserting that BOP officials acted negligently in transferring him to USP Beaumont and in housing him in the general population despite his concerns for his safety, and correctly held that those challenged actions are encompassed by the discretionary function exception. The court reversed the district court's dismissal of plaintiff's intentional tort claims for lack of jurisdiction and remanded for the district court to determine, with respect to whether the law enforcement proviso applies, whether the BOP officials were acting within the scope of their employment when committing the alleged torts.