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BULTEMA v. U.S.

No. 02-3490.

359 F.3d 379 (2004)

James BULTEMA, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 23, 2004.

Attorney(s) appearing for the Case

ARGUED: Mark L. Wakefield, (argued and briefed), LOWE, EKLUND, WAKEFIELD & MULVIHILL, Cleveland, Ohio, for Plaintiff-Appellant.

Marlon A. Primes, ASSISTANT UNITED STATES ATTORNEY, Cleveland, Ohio, Cleveland, OH, for Defendant-Appellee.

ON BRIEF: Mark L. Wakefield, LOWE, EKLUND, WAKEFIELD & MULVIHILL, Cleveland, Ohio, for Appellant.

Marlon A. Primes, ASSISTANT UNITED STATES ATTORNEY, Cleveland, Ohio, for Appellee.

Before: MOORE and ROGERS, Circuit Judges; FORESTER, Chief District Judge.

OPINION

ROGERS, Circuit Judge.

While sleeping, James Bultema fell from the top bunk of his federal prison bed and injured his knee. Bultema had previously been given a form that required him to receive a bottom bunk, but he did not deliver this form to the prison official in charge of his unit before the accident. Bultema sued the United States under the Federal Tort Claims Act, alleging that several acts of prison negligence caused his injury. The district...

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