BROOKLYN, NY – A federal judge has dismissed a lawsuit filed by a Metropolitan Detention Center inmate who claimed prison officers failed to protect him from a violent assault, ruling that the court lacked jurisdiction under the Federal Tort Claims Act (FTCA).
U.S. District Judge Brian M. Cogan issued the decision in Livingston v. United States, holding that the United States is immune from liability for the alleged negligence because the officers’ conduct fell within the FTCA’s discretionary function exception. The ruling ends a two-year legal fight by plaintiff Nigel Livingston, who was attacked by two inmates while detained at the Brooklyn Metropolitan Detention Center in June 2022.
Livingston alleged that correctional officers failed to conduct required rounds, allowing the assault to occur. He testified that officers were supposed to make rounds “every half hour or hour” but often skipped them, spending most of their shifts elsewhere. However, Judge Cogan found that no Bureau of Prisons (BOP) regulation dictates the precise timing of rounds in general population units. Instead, agency policies only require that searches and inspections occur “routinely, but irregularly.”
During testimony, Officer Miguel Mateo acknowledged that rounds were generally done every 45 minutes to an hour but explained that schedules often varied depending on inmate movement, emergencies, or other duties. Judge Cogan noted that such flexibility placed officers’ conduct squarely within the scope of the discretionary function exception, which shields the government from liability for operational decisions grounded in judgment or policy.
The court concluded that because no specific mandate governed the frequency of rounds, any failure to conduct them at a particular interval was a discretionary act not subject to judicial review. As a result, Livingston’s FTCA claim could not proceed, and the case was dismissed for lack of subject matter jurisdiction.
Key Points: Brooklyn federal judge dismisses inmate’s injury lawsuit against U.S. over MDC attack – Brooklyn
- Judge Brian M. Cogan dismissed Nigel Livingston’s FTCA suit against the United States, citing lack of jurisdiction.
- The court found no specific Bureau of Prisons rule requiring fixed rounds, making officers’ conduct discretionary.
- Livingston claimed officers’ failure to patrol led to his assault, but the court ruled the government is immune under the FTCA.
