THEIS, District Judge.
This matter is before the court on the motion of defendant for summary judgment (Doc. 10). The action is brought by the heirs of Steven H. Whitham, under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. § 1346(b), for the alleged negligent release of Steven from the psychiatric unit of the Veterans Administration Medical Center ("VAMC") in Wichita, Kansas.
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