Hill v. U.S.

Dist. Ct. erred in dismissing as untimely plaintiff-prisoner’s FTCA lawsuit alleging that defendant-federal govt. caused plaintiff to lose eyesight when fellow inmate attacked him under circumstances where defendant allowed instant prison to become overcrowded and failed to protect plaintiff from violence caused by said overcrowding. Plaintiff requested that applicable 6-month limitation period be tolled due to his lack of eye-sight and his difficulties in establishing residency once he left prison, and Dist. Ct. gave only cursory explanation for refusing to allow instant filing of lawsuit that was otherwise filed 19 months after expiration of limitations period. Moreover, record did not show that govt. had been prejudiced by said delay, and thus remand was required for new determination of equitable tolling issue.