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MONTEZ EX REL. ESTATE OF HEARLSON v. U.S.

No. 02-6303.

359 F.3d 392 (2004)

Marion MONTEZ, Administratrix of the ESTATE OF Tracy HEARLSON, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 26, 2004.

Attorney(s) appearing for the Case

Argued: T. Bruce Simpson, Jr., ANGGELIS & GORDON, Lexington, Kentucky, for Appellant.

Thomas Lee Gentry, ASSISTANT UNITED STATES ATTORNEY, Lexington, Kentucky, for Appellee.

On Brief: T. Bruce Simpson, Jr., ANGGELIS & GORDON, Lexington, Kentucky, for Appellant.

Thomas Lee Gentry, Mason Moore Kessinger, ASSISTANT UNITED STATES ATTORNEYS, Lexington, Kentucky, for Appellee.

Before NELSON, GILMAN, and ROGERS, Circuit Judges.

Pursuant to Sixth Circuit Rule 206.

GILMAN, J., delivered the opinion of the court, in which NELSON, J., joined. ROGERS, J., (p. 399), delivered a separate concurring opinion.

OPINION

RONALD LEE GILMAN, Circuit Judge.

A corrections officer at the Federal Medical Center prison in Lexington, Kentucky (FMC Lexington), found inmate Tracy Hearlson dead in a housing unit of the prison during the early...

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