Smith v. United States

Smith was transported from the Rock Island County Jail to the federal courthouse for arraignment. U.S. marshals took Smith to an interview room to meet his lawyer. The Marshals Service inspects the interview rooms weekly. On the detainee’s side of the room, there is a metal stool attached to the wall by a swing-arm. According to Smith, when he sat on the stool it “broke,” causing him to fall and strike his head; he saw that bolts were missing. A nurse examined Smith and noted that his speech was slurred. She had him taken to the emergency room. He was treated for a stroke and continues to suffer adverse effects. Smith filed an administrative tort claim, which was denied. Smith then brought suit under the Federal Tort Claims Act, 28 U.S.C. 2671, relying on the doctrine of res ipsa loquitur to impute negligence to the government. The district court rejected the theory, noting that Smith’s fall occurred at 11 a.m., so it was possible that others could have already damaged the seat or that Smith fell without the stool having malfunctioned. The Seventh Circuit reversed. The fact that a detainee is left alone to confer with his lawyer does not defeat the notion that the room and its contents remain within the control of the government. The sort of malfunction that Smith has described is the kind of hazard that the government may be expected to guard against. View "Smith v. United States" on Justia Law