Hollomon v. Federal Bureau of Prisons et al

Filing 17

MEMORANDUM OPINION AND ORDER dismissing without prejudice 14 Amended Complaint (Signed by Judge Sim Lake) Parties notified. (aboyd, 4)

United States District Court
Southern District of Texas

ENTERED
December 02, 2016

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION

JUDY ANN HOLLOMON,
BOP #21518-078,

§
§
§
§
§
§
§
§
§
§

Plaintiff,

v.
UNITED STATES OF AMERICA,
Defendant.

David J. Bradley, Clerk

CIVIL ACTION NO. H-16-2698

MEMORANDUM OPINION AND ORDER

The plaintiff, Judy Ann Hollomon (BOP #21518-078), has filed
an amended Complaint for a Civil Case Alleging Negligence against
the

United

States

in

connection

with

the

conditions

confinement at the Federal Prison Camp in Bryan, Texas
Complaint")

(Docket

Entry

No.

14) .

Hollomon

has

Plaintiff's More Definite Statement of her claims
No. 16).

of

her

("Amended

also

filed

(Docket Entry

Because Hollomon is incarcerated, the court is required

to scrutinize the claims and dismiss the Amended Complaint,

in

whole or in part, if it determines that the Amended Complaint "is
frivolous, malicious, or fails to state a claim upon which relief
may be granted" or "seeks monetary relief from a defendant who is
immune from such relief."

28 U.S. C.

§

1915A (b) .

After considering

all of the pleadings the court concludes that this case should be
dismissed for the reasons explained below.

I.

Background

Hollomon filed this lawsuit originally against the Federal
Bureau of Prisons and several of its employees,

including Warden

Marne Boyle, Dr. Inzune Kim Hwang, Physician's Assistant ("P.A.")
Brenda Brozell, and Officer Graves. 1
an Amended Complaint,

Subsequently, Hollomon filed

designating the United States as the only

defendant. 2
Hollomon alleges that she was injured on July 18, 2014, while
working in the food service area of the Federal Prison Camp in
Bryan,
floor.

Texas,
3

when she slipped and fell on the concrete kitchen

Hollomon contends that she was injured as the result of

negligence on the part of Officer Graves, who knew that the floor
was slippery due to repeated spills of
failed to keep her safe. 4

"hazardous grease,"

but

Hollomon further contends that she was

denied adequate medical care for her injuries by Dr. Hwang and P.A.
Brozell. 5

Hollomon

seeks

monetary

damages

in

the

amount

of

$350,000.00. 6

1

Complaint for a Civil Case Alleging Negligence, Docket Entry
No. 1, pp. 2-3, 9-10.
2

Amended Complaint, Docket Entry No. 14, pp. 1-2.

3

Id. at 5.

4

Id. at 8.

5

Id. at 5-7.

6

Id. at 9.
-2-

Discussion

II.
The

exclusive

vehicle

for

tort

claims

United States is the Federal Tort Claims Act
§

against

("FTCA"),

the

28 U.S.C.

2674, which operates as a "limited waiver" of sovereign immunity.

Doe v.

United States,

831

F.3d 309,

319

(5th Cir.

2016).

If

applicable, the FTCA provides that the United States can be liable
in tort for any "negligent or wrongful act or omission of any
employee of the Government while acting within the scope of his
office or employment, under circumstances where the United States,
if a private person, would be liable to the claimant in accordance
with the law of the place where the act or omission occurred."

u.s.c.

§

28

1346 (b) (1).

The FTCA's waiver of immunity for tort claims, however, does
not apply when a plaintiff is already covered by a comprehensive
federal compensation statute.
382,

384

(1966)

United States v. Demko,

(" [W]here there is a

87 S. Ct.

compensation statute that

reasonably and fairly covers a particular group of workers,
presumably

is

the

exclusive

remedy

to

protect

that

it

group.") .

Inmates such as Hollomon, who seek compensatory damages for workrelated injuries sustained while in prison, are protected by the
Inmate Accident Compensation Act ("IACA"), 18 U.S.C.
(authorizing compensation for "injuries suffered in .

§

4126(c) (4)
. any work

activity in connection with the maintenance or operation of the
institution in which the inmates are confined").

-3-

Because Hollomon

is covered by the IACA, she is precluded from bringing claims under
the FTCA.

See Demko, 87 S. Ct. at 384-85; Aston v. United States,

625 F.2d 1210, 1211 (5th Cir. Unit B 1980)
sustained by

federal

inmates

while

(per curiam)

working

covered by the FTCA); accord 28 C.F.R.

§

(injuries

in prison are

not

301.319 ("Inmates who are

subject to the provisions of these Inmate Accident Compensation
regulations are barred from recovery under the Federal Tort Claims
Act

(2 8

u.s. c.

[§]

2 6 71 et §Sill_,_) . " ) •

Accordingly,

Complaint must be dismissed for lack of jurisdiction.

the Amended
See Aston,

625 F.2d at 1211; Ellis v. Federal Prison Industries, 95 F.3d 54,
1996 WL 460035, at *2 (5th Cir. 1996)
III.

(unpublished).

Conclusion and Order

Based on the foregoing,

the court ORDERS that the Amended

Complaint filed by Judy Ann Hollomon

(Docket Entry No.

14)

is

DISMISSED without prejudice for lack of jurisdiction.

The Clerk is directed to provide a copy of this Memorandum
Opinion and Order to the parties.
SIGNED at Houston, Texas, on this 1st day of December, 2016.

SIM LAKE
UNITED STATES DISTRICT JUDGE

-4-