Opinion
Civil Action 23-1335
08-28-2024
JOSEPH McATEER, administrator of the estate of James McAteer v. THE UNITED STATES OF AMERICA
ORDER
John R. Padova, J.
AND NOW, this 28th day of August, 2024, upon consideration of the Government's “Motion to Dismiss and/or for Summary Judgment on Claims Based on Discretionary Functions” (Docket No. 26) and all documents filed in connection therewith, and for the reasons stated in the accompanying Memorandum, IT IS HEREBY ORDERED that the Motion is GRANTED and Plaintiff's claims are DISMISSED WITH PREJUDICE to the extent they arise from the May 4, 2020 decision to assign James McAteer to a single cell. The Motion is DISMISSED as moot in all other respects.