Swan

ORDER GRANTING DEFENDANTS UNITED STATES OF AMERICA AND LINDA YOUNG-MILLER, PH.D.’s MOTION FOR SUMMARY JUDGMENT

Before the Court is defendants United States of America and Linda Young-Miller, Ph.D.’s (“Young-Miller”) motion for summary judgment. The defendants contend that plaintiff Eugene Oliver Swan’s (“Swan”) claim for violation of the Eighth Amendment to the United States Constitution against Young-Miller fails because she is shielded from liability by the doctrine of qualified immunity, and that Swan’s negligence claim, brought under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. § 2671 et seq., against the United States fails because Young-Miller did not breach any standard of care. For the reasons set forth below, the Court GRANTS defendants’ motion.

FACTUAL BACKGROUND

Swan is an inmate serving a sentence for bank robbery and escape from federal custody. His claims in this action arise from an incident that occurred on December 24, 1998 while he was incarcerated at the Federal Corrections Institute in Dublin, California (“FCI Dublin”). On that date, Swan was attacked by another inmate and suffered an injury which required the surgical removal of his left eye. Swan…