Guess v. Bureau of Prisons et al
Filing
15
OPINION. Signed by Judge Renee Marie Bumb on 6/15/16. (jbk, )
NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
CAMDEN VICINAGE
Leonard Guess,
:
:
Plaintiff,
:
:
v.
:
:
Bureau of Prisons,
:
FCI Fort Dix,
:
Warden J. Hollinworth,
:
K. Evans,
:
Bureau of Prisons Health Services, :
:
Defendants.
:
CIV. NO. 16-1759 (RMB)
OPINION
RENÉE MARIE BUMB, U.S. District Judge
This matter comes before the Court upon Plaintiff’s submission
of an application to proceed in forma pauperis in this Bivens action.
(IFP App., ECF No. 14.) Plaintiff is a prisoner confined in the
Federal
Correctional
Institution
(“FCI”)
Schuylkill,
in
Minersville, PA. (Id., ECF No. 1 at 8.) Plaintiff’s prisoner civil
rights complaint was transferred from the United States District
Court, Middle District of Pennsylvania to this Court on March 30,
2016. (Compl., ECF No. 1; Transfer Mem. and Order, ECF Nos. 9, 10.)
This Court denied Plaintiff’s first application to proceed in forma
pauperis because his application was deficient under 28 U.S.C. §
1915(a). (Order, ECF No. 13.)
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I.
DISCUSSION
Plaintiff has now filed a second application to proceed in forma
pauperis pursuant to 28 U.S.C. §§ 1915(a) and 1915(A) (App. for IFP,
ECF No. 14.) His application complies with the requirements of 28
U.S.C. § 1915(a), and establishes his inability to pay the filing
fee. Plaintiff’s IFP application will be granted.
II.
SCREENING PURSUANT TO 28 U.S.C. § 1915(e)(2)(b) and § 1915A
The Court is required to review a prisoner’s civil rights
complaint under 28 U.S.C. § 1915(e)(2)(b) and § 1915A.
The Court
must dismiss any claims that are: (1) frivolous or malicious; (2)
fail to state a claim on which relief may be granted; or (3) seek
monetary relief against a defendant who is immune from such relief.
28
U.S.C.
§
1915(e)(2)(B);
28
U.S.C.
§
1915A.
This
Court
preliminarily screened Plaintiff’s Complaint pursuant to 28 U.S.C.
§ 1915(A) and § 1915(e)(2)(B) on May 19, 2016. (Opinion and Order,
ECF Nos. 12, 13.) The Court gave Plaintiff an opportunity to file
an amended complaint to cure the following deficiencies in his
Complaint:
1.
Defendants, in their official capacities, have sovereign
immunity from Bivens claims;
2.
The Bureau of Prisons (“BOP”), the Bureau of Prisons Health
Services, and FCI Fort Dix are not proper defendants to
a Bivens action;
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3.
Plaintiff’s claim that the warden should have known his
failure to train and supervise Evans would result in Evans’
alleged
misconduct
is
insufficient
to
establish
deliberate indifference;
4.
Plaintiff failed to state a supervisory liability claim
of deliberate indifference to his serious medical needs
by Warden Hollinworth.
(Opinion, ECF No. 12 at 5-10.)
Plaintiff has not filed an amended complaint. For the reasons
described in this Court’s Opinion and Order dated May 19, 2016,
incorporated by reference herein, the above claims will be dismissed
from this action.
Also, as stated in this Court’s prior Opinion and Order,
Plaintiff’s
supervisory
liability
claim
against
Warden
J.
Hollinworth may proceed on Plaintiff’s allegation that the warden’s
deliberate indifference is established by the regular occurrence of
excessive force against inmates, and the failure to discipline
offending staff members. (Opinion, ECF No. 12 at 7.) Plaintiff’s
Eighth Amendment claim involving Defendant K. Evans’ use of excessive
force against him may also proceed past screening. See Wilkins v.
Gaddy, 559 U.S. 34, 40 (2010) (to prevail on a claim that a
correctional officer’s use of excessive force against the plaintiff
violated the Eighth Amendment, the plaintiff must prove that the
assault was carried out “maliciously and sadistically” rather than
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as part of “a good-faith effort to maintain or restore discipline”)
(quoting Hudson v. McMillian, 503 U.S. 1 (1992)).
For these reasons, in the accompanying Order filed herewith the
Court will grant Plaintiff’s IFP application and proceed his Bivens
claim for excessive force against Defendant K. Evans, and his Bivens
claim against Warden J. Hollinworth for supervisory liability. The
remainder of Plaintiff’s Bivens claims will be dismissed.
s/RENÉE MARIE BUMB__________
RENÉE MARIE BUMB
UNITED STATES DISTRICT JUDGE
Dated_June 15, 2016
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