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Torts keyed to Best
Coulthurst v. United States
Citation:
214 F.3d 106 (2d Cir. 2000)Facts
Coulthurst, a federal inmate, was performing “pull-downs” on a weightlifting machine at a prison exercise room when the machine’s cable snapped. The steel bar Coulthurst was pulling fell on his head and neck, bringing approximately 270 pounds of force onto Coulthurst’s head and causing a torn rotator cuff.
Coulthurst sued the federal government for his injuries under the Federal Tort Claims Act (FTCA), 28 U.S.C. §1346(b), which waives sovereign immunity in tort suits against the United States in tort if a government employee, acting in the scope of his or her own employment, would be liable for the alleged act as a private citizen. In the suit, Coulthurst claimed that the prison staff negligently maintained the exercise equipment.
At the trial court, the government argued that the Discretionary Function Exception (DFE), 28 U.S.C. § 2680(a), applied. The DFE prohibits tort suits against the federal government when the alleged negligent act (1) is discretionary in nature, and (2) is grounded in public policy. The trial court dismissed the case, and Coulthurst appealed.
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