District Court, D. Rhode Island May 25, 1973, Civ. A. 4670 (James v. United States)

OPINION

PETTINE, Chief Judge.

This non-jury death action was brought under the Federal Tort Claims Act (F.T.C.A.), 28 U.S.C. §§ 1346, 2671, et seq., by the administratrix of the estate of Howard Harrison James, Jr. At the time of his death Howard James was a member of the United States Navy, stationed at Quonset Point, Rhode Island, under arrest and in the custody of the security guard.