In Payton v. United States, the Fifth Circuit Court of Appeals held that the United States was liable under the Federal Tort Claims Act, for the parole of a federal prisoner who, following release, murdered plaintiff's wife. The court concluded that such parole decisionmaking did not come within the discretionary function exemption of the Federal Tort Claims Act (FTCA).
Polglase, Robert F.
"Liability for Parole Decisionmaking: the Absence of Discretion in the Parole Process,"
Mercer Law Review: Vol. 32:
4, Article 18.
Available at: https://digitalcommons.law.mercer.edu/jour_mlr/vol32/iss4/18