MEMORANDUM OPINION
FORESTER, District Judge.
This matter is before the court on the defendant's motion to dismiss, pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure, or in the alternative, for summary judgment. This motion has been fully briefed and is ripe for a decision.
I. TYPE OF ACTION
This action arises out of an alleged incident occurring on February 18, 1988, when plaintiff was an inmate at the Federal Correction...
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