KNOCH, Circuit Judge.
The plaintiff-appellant, Clinton Martin Fleishour, sued under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2674, to recover damages for personal injuries arising out of an incident at McNeil Island, Washington, a federal penitentiary, when he was assaulted and battered by a fellow prisoner, Troy Lee Stringfellow. The case was tried on the severed issue of liability alone.
The plaintiff's position is that the government...
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