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LACK v. UNITED STATES

No. 16054.

262 F.2d 167 (1958)

John Monroe LACK, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

December 23, 1958.

Attorney(s) appearing for the Case

Eugene P. Donnelly, Kansas City, Mo., for appellant.

Peter H. Schiff, Attorney, Department of Justice, Washington, D. C. (George Cochran Doub, Asst. Atty. Gen., Edward L. Scheufler, U. S. Atty., Kansas City, Mo., and Morton Hollander, Attorney, Department of Justice, Washington, D. C. on the brief), for appellee.

Before GARDNER, Chief Judge, and WOODROUGH and VAN OOSTERHOUT, Circuit Judges.

VAN OOSTERHOUT, Circuit Judge.

This is an appeal by plaintiff, Lack, from judgment dismissing his complaint against the United States, wherein he sought damages for substantial and permanent injuries sustained by him while serving a sentence in the United States Penitentiary at Leavenworth, Kansas. The complaint alleged that plaintiff's injuries were caused by the negligence of the officials and employees of the penitentiary in failing to provide him with a safe place...

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