Lipsey v. U.S.

Dist. Ct. did not err in granting motion for summary judgment filed by defendants-federal govt., as well as certain county prison officials at correctional facility that had intergovernmental agreement to house federal prisoners, in Federal Tort Claims Act (FTCA) action by plaintiff-father of disabled infant, where plaintiff alleged that defendants committed medical malpractice during infant’s delivery while infant’s mother was inmate at said correctional facility. Defendant-federal govt. was entitled to sovereign immunity from instant lawsuit, where, under Logue, 412 US 521, employees of county correctional facility were not federal employees, but rather independent contractors due to federal govt.’s lack of control over facility’s day-to-day operations. Moreover, choice by Deputy U.S. Marshall to place inmate in instant facility was discretionary act that precluded plaintiff from prevailing against federal govt., especially where placement at said facility was warranted in view of facility’s medical facilities and late-stage nature of inmate’s pregnancy. Also, with respect to employees of instant facility, Dist. Ct. could properly find that said defendants were entitled to immunity under section 4-105 of Ill. Tort Immunity Act, since plaintiff failed to show that said defendants, through willful or wanton acts, failed to take reasonable action to summon medical care under circumstances where said defendants were unaware that inmate or her pregnancy were in danger prior to morning when inmate gave birth to infant.