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WITT v. UNITED STATES

No. 661, Docket 72-1041.

462 F.2d 1261 (1972)

John B. WITT, Plaintiff-Appellant, v. UNITED STATES of America et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 14, 1972.

Attorney(s) appearing for the Case

Ronald J. Koerner, Brooklyn, N. Y. (Rose & Koerner, on the brief), for plaintiff-appellant.

Dennis J. Helms, Asst. U. S. Atty. (Whitney North Seymour, Jr., U. S. Atty. for Southern District of New York, on the brief), for defendant-appellee United States of America.

John M. Percy, New York City (J. Robert Morris, on the brief), for defendants-appellees Sapp, Reeder, Jr., and Fort Leavenworth Hunt Club.

Before WATERMAN, HAYS and FEINBERG, Circuit Judges.

FEINBERG, Circuit Judge:

This appeal by John B. Witt is taken from a judgment in favor of the United States in an action brought under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671 et seq. For reasons set forth below, we reverse.

In 1965, appellant Witt was a military prisoner assigned to the Parolee Unit at the United States Disciplinary Barracks, Fort Leavenworth, Kansas.1 On the morning of November 21 of...

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