Priscilla Ann Thompson, individually and as Proposed Independent Administrator of the Estate of Jamarr Thompson v. United States of America

Summary

The United States District Court for the District of Colorado grants Plaintiff Priscilla Ann Thompson’s motion for leave to file a second amended complaint in an FTCA negligence action arising from the death of Jamarr Thompson at USP Florence High. The court finds no undue delay, prejudice, bad faith, or clear futility under Federal Rule of Civil Procedure 15(a)(2), and declines to resolve the discretionary-function exception at the amendment stage. Plaintiff is ordered to file the second amended complaint by February 20, 2026.

Holdings

1. Leave to amend should be granted where the case remains at an early stage, the proposed amendment is based on facts recently discovered by the plaintiff, the amendment does not add parties or new causes of action, and the record shows no substantial prejudice, bad faith, undue delay, repeated failure to cure deficiencies, or clearly established futility.
2. The court would not resolve the discretionary-function exception's jurisdictional questions in the Rule 15 context and could not conclude at that stage that the proposed amendment was clearly futile; any challenge to the sufficiency of the amended pleading should be addressed through motion practice directed at the operative pleading.

Questions Presented

1. Whether Plaintiff should be granted leave under Federal Rule of Civil Procedure 15(a)(2) to file a Second Amended Complaint based on newly discovered factual allegations.
2. Whether the proposed amendment should be denied as futile because the Federal Tort Claims Act discretionary-function exception might bar Plaintiff's claims.

Disposition

other