Sovereign immunity — discretionary function pass

Posted December 24, 2014 9:41 AM

Where a U.S. District Court put the burden on the plaintiff of proving the discretionary function exception did not apply to shield the government from liability, reversal was required. The 7th U.S. Circuit Court of Appeals reversed a decision by U.S. District Judge Jane E. Magnus-Stinson, Southern District of Indiana. Charles D. Keller, an inmate at the U.S. Penitentiary in Terre Haute, Ind., was admitted to the facility, he told the intake psychologist, Dr. Joseph Bleier that he suffered from mental illness and …

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