This section contains the nature of the case and procedural background.

P was a federal prisoner, serving a felony sentence. P was lifting weights in the prison exercise room, performing 'pull downs' on a lateral pull-down machine. The cable connecting the steel pull-down bar to the weights snapped, bringing the bar down onto his shoulders and neck with approximately 270 pounds of force. P suffered a torn rotator cuff in his left shoulder and various injuries to his back and neck. Guidelines require prison officials to 'visit the inmate wellness area (if there is one) and determine if the equipment is arranged in a safe manner, and if participants use the equipment properly.' The pertinent Guidelines contain no instructions as to the method to be followed in inspecting the machine that caused the injury or the frequency of inspections. P sued D for negligence. D moved to dismiss for lack of subject matter jurisdiction on the ground that the DFE (discretionary function exception) barred recovery for the alleged conduct, even if government negligence could be established. D’s motion was granted, and P appealed.

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