Robinson v. USA et al

Filing 11

MEMORANDUM OPINION & ORDER: (1) Robinson's Bivens claim against the Health Services Department is DISMISSED WITH PREJUDICE; (2) Robinson's Bivens claims against Wilson and Jackson in their official capacities are DISMISSED WITH PREJ UDICE; (3) Robinson's FTCA claims against Wilson, Jackson, and the Health Services Department are DISMISSED WITH PREJUDICE; (4) Robinson's only remaining claims are his Bivens claims against Wilson and Jackson in their individual capacities and his FTCA claim against the United States. The Deputy Clerk shall prepare 4 Service Packets for service upon Medical Administrator Wilson, Registered Nurse Jackson, and the United States of America. The Service Packets shall include: (a) a compl eted summons form; (b) the Complaint (Doc. # 1 ); (c) this Order; and (d) a completed USM Form 285; (5) The Deputy Clerk shall send the Service Packets to the USMS in Lexington, Kentucky, and note the date of delivery in the docket; (6) The USMS s hall personally serve Medical Administrator Wilson and Registered Nurse Jackson at the Federal Correctional Institution in Manchester, Kentucky through arrangement with the Federal Bureau of Prisons; (7) The USMS shall serve the United States of Ame rica by sending Service Packets by certified or registered mail to both the Civil Process Clerk at the Office of the United States Attorney for the Eastern District of Kentucky and the Office of the Attorney General of the United States in Wash ington, D.C.; (8) Robinson must immediately advise the Clerks Office of any change in his current mailing address. If Robinson fails to do so, the Court will dismiss his case; and (9) If Robinson wishes to seek relief from the Court, he must do so by filing a formal motion sent to the Clerk's Office. Every motion Robinson files must include a written certification that he has mailed a copy of it to the defendants or their counsel and state the date of mailing. The Court will disregard letters sent to the Judge's chambers or motions lacking a certificate of service. Wilson (in her Official Capacity as Medical Administrator), Health Services Department and Jackson (in her Official Capacity as Registered Nurse) terminated.. Signed by Judge David L. Bunning on 3/6/2018.(RBB)cc: COR, paper copy to pro se filer, Maurice Robinson, via US Mail.

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY
SOUTHERN DIVISION
AT LONDON
CIVIL ACTION NO. 18-27-DLB
MAURICE ROBINSON
VS.

PLAINTIFF

MEMORANDUM OPINION AND ORDER

UNITED STATES OF AMERICA, et al.,

DEFENDANTS

*** *** *** ***
Maurice Robinson is a prisoner at the Federal Correctional Institution (FCI) in
Manchester, Kentucky. Proceeding without a lawyer, Robinson recently filed a complaint
alleging that, after he injured his ankle in July 2016, medical officials at the prison provided
him with inadequate care and displayed deliberate indifference to his medical needs.
(Doc. # 1). Robinson therefore brings claims against Medical Administrator Wilson,
Registered Nurse Jackson, and the prison’s Health Services Department pursuant to
Bivens v. Six Unknown Federal Narcotics Agents, 403 U.S. 388 (1971). Robinson argues
that these defendants violated his constitutional rights and notes that he is suing Wilson
and Jackson in both their official and individual capacities. Robinson also claims that
these defendants and the United States are liable to him under the Federal Tort Claims
Act (FTCA). Robinson is seeking money damages, among other remedies. This case is
now before the Court on initial screening pursuant to 28 U.S.C. §§ 1915(e)(2) and 1915A.
As an initial matter, although Robinson names the prison’s Health Services
Department as a defendant in this case, a Bivens action must be founded on the personal
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involvement of the named defendants. See FDIC v. Meyer, 510 U.S. 471, 485 (1994).
Thus, a plaintiff cannot pursue a Bivens claim against a federal agency or entity. See
Okoro v. Scibana, 63 F. App’x 182, 184 (6th Cir. 2003). The Court will therefore dismiss
Robinson’s Bivens claim against the Health Services Department.
The Court will also dismiss Robinson’s Bivens claims against Wilson and Jackson
in their official capacities. That is because those claims are barred by sovereign immunity.
The United States as a sovereign is generally immune from suit, see United States v.
Sherwood, 312 U.S. 584, 586 (1941).

This immunity extends to claims against

government agents acting in their official capacities. See Blakely v. United States, 276
F.3d 853, 870 (6th Cir. 2002). Although the United States can expressly waive its
immunity, see Sherwood, 312 U.S. at 586, it has not done so in Bivens actions. See
Nuclear Transport & Storage, Inc. v. United States, 890 F.2d 1348, 1351-52 (6th Cir.
1989). Therefore, Robinson’s Bivens claims against Wilson and Jackson in their official
capacities are barred.
Finally, the Court will also dismiss Robinson’s FTCA claims against Wilson,
Jackson, and the Health Services Department. This is because Robinson may only
assert a FTCA claim against the United States. See Allgeier v. United States, 909 F.2d
869, 871 (6th Cir. 1990).
This leaves Robinson’s Bivens claims against Wilson and Jackson in their
individual capacities, and his FTCA claim against the United States. The Court has
conducted an initial review of these claims and concludes that they require a response
from the defendants. Because the Court previously granted Robinson pauper status, the
Clerk’s Office and the United States Marshals Service (USMS) will serve Wilson, Jackson,
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and the United States with a summons and copy of the complaint on Robinson’s behalf.
See Fed. R. Civ. P. 4(c)(3) and 28 U.S.C. § 1915(d).
Accordingly, it is ORDERED as follows:
(1)

Robinson’s Bivens claim against the Health Services Department is

DISMISSED WITH PREJUDICE;
(2)

Robinson’s Bivens claims against Wilson and Jackson in their official

capacities are DISMISSED WITH PREJUDICE;
(3)

Robinson’s FTCA claims against Wilson, Jackson, and the Health Services

Department are DISMISSED WITH PREJUDICE;
(4)

Robinson’s only remaining claims are his Bivens claims against Wilson and

Jackson in their individual capacities and his FTCA claim against the United States.
The Deputy Clerk shall prepare four (4) “Service Packets” for service upon Medical
Administrator Wilson, Registered Nurse Jackson, and the United States of America. The
Service Packets shall include:
(a)
(b)

the Complaint (Doc. # 1);

(c)

this Order; and

(d)
(5)

a completed summons form;

a completed USM Form 285;

The Deputy Clerk shall send the Service Packets to the USMS in

Lexington, Kentucky, and note the date of delivery in the docket;
(6)

The USMS shall personally serve Medical Administrator Wilson and

Registered Nurse Jackson at the Federal Correctional Institution in Manchester, Kentucky
through arrangement with the Federal Bureau of Prisons;
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(7)

The USMS shall serve the United States of America by sending Service

Packets by certified or registered mail to both the Civil Process Clerk at the Office of the
United States Attorney for the Eastern District of Kentucky and the Office of the Attorney
General of the United States in Washington, D.C.;
(8)

Robinson must immediately advise the Clerk’s Office of any change in his

current mailing address. If Robinson fails to do so, the Court will dismiss his case; and
(9)

If Robinson wishes to seek relief from the Court, he must do so by filing a

formal motion sent to the Clerk’s Office. Every motion Robinson files must include a
written certification that he has mailed a copy of it to the defendants or their counsel and
state the date of mailing. The Court will disregard letters sent to the Judge’s chambers
or motions lacking a certificate of service.
This 6th day of March, 2018.

K:\DATA\ORDERS\ProSe\Robinson 18-27-DLB Memorandum CDS.docx

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