WOOTEN v. U.S.

No. 86-5086.

825 F.2d 1039 (1987)

Willard WOOTEN, Plaintiff-Appellant, v. UNITED STATES of America, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided August 4, 1987.


Attorney(s) appearing for the Case

William Hoskins, Jackson, Kelly, Williams, Palmore, Lexington, Ky., Daniel G. Grove (argued), Lewis J. Paper (argued), Keck, Mahin & Cate, Washington, D.C., for plaintiff-appellant.

Louis DeFalaise, U.S. Atty., Lexington, Ky., Charles L. Dause (argued), for defendants-appellees.

Before KENNEDY, JONES and NORRIS, Circuit Judges.


NATHANIEL R. JONES, Circuit Judge.

Plaintiff Willard Wooten appeals from the district court's order setting aside the judgment entered in his favor and dismissing his complaint brought under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. §§ 1346(b) and 2671 et seq. (1982). For the reasons set forth below, we reverse the district court's order in part and remand the case for further proceedings.

Wooten was incarcerated at the Federal Correctional...

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