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Reid v. United States

United States District Court, M.D. Pennsylvania

November 5, 2019

KENNETH ROSHAUN REID, Plaintiff
v.
UNITED STATES OF AMERICA, Defendant

          MEMORANDUM

          Sylvia H. Rambo United States District Judge

         On January 11, 2018, Plaintiff Kenneth Roshaun Reid (“Plaintiff”), then proceeding pro se, [1] initiated the above-captioned case by filing a complaint pursuant to the Federal Tort Claims Act (“FTCA”), for injuries suffered after contracting salmonella while he was incarcerated at the United States Penitentiary in Lewisburg, Pennsylvania (“USP Lewisburg”). (Doc. No. 1.) The Government conceded liability; accordingly, the Court held a bench trial on November 4, 2019, regarding the issue of damages. This Memorandum reflects the Court's findings of fact and conclusions of law in accordance with Rule 52(a) of the Federal Rules of Civil Procedure.

         1. FINDINGS OF FACT

         1. This is a tort action against the United States of America alleging negligence by employees of the Federal Bureau of Prisons.

         2. While incarcerated at USP Lewisburg, Plaintiff fell ill from November 18, 2016 through November 28, 2016 as a result of a food-borne illness.

         3. Plaintiff experienced food poisoning symptoms such as vomiting, abdominal pain, cramping, dizziness, chills, aches, diarrhea, nausea, and headaches.

         4. As a result of his illness, Plaintiff was treated by the medical staff at USP Lewisburg with liquids and metronidazole, an antibiotic. Plaintiff was also required to provide a stool sample to assist medical staff with diagnosing the cause of his illness.

         5. Plaintiff was placed into a quarantine housing unit by officials at USP Lewisburg on November 27, 2016. He was released from quarantine on December 2, 2016.

         6. It is likely that Plaintiff's illness during this time was caused by exposure to salmonella bacteria.

         7. The entirety of Plaintiff's illness lasted twelve (12) days.[2]

         8. The United States of America has conceded its liability for Plaintiff's illness and injury.

         II. CONCLUSIONS OF LAW

         1. Plaintiff filed the above-captioned case pursuant to the FTCA, 28 U.S.C. § 2671 et seq.

         2. The FTCA authorizes inmates “to recover damages from the United States Government for personal injuries sustained during confinement in a federal prison, by reason of the negligence of a government ...


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