BONILLA v. BUREAU OF PRISONS

CourtDistrict Court, D. New Jersey
DecidedMay 19, 2025
Docket1:24-cv-06310
StatusUnknown

This text of BONILLA v. BUREAU OF PRISONS (BONILLA v. BUREAU OF PRISONS) is published on Counsel Stack Legal Research, covering District Court, D. New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
BONILLA v. BUREAU OF PRISONS, (D.N.J. 2025).

Opinion

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

MANUEL BONILLA, Case No. 24–cv–06310–ESK–MJS Plaintiff,

v. OPINION BUREAU OF PRISONS, et al., Defendants. KIEL, U.S.D.J. THIS MATTER comes before the Court on pro se plaintiff Manuel Bonilla’s civil rights complaint filed pursuant to the Federal Tort Claims Act (Torts Act), 28 U.S.C. § 2671 et seq, and Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971) (Complaint). (ECF No. 1.) Because plaintiff is a prisoner seeking redress from government entities and employees, I must review the Complaint to determine whether it should be dismissed as frivolous or malicious, for failure to state a claim upon which relief may be granted, or because it seeks monetary relief from a defendant immune from such relief. 28 U.S.C. § 1915A(b). For the following reasons, I will dismiss all defendants except for Maria Marrero. I will transfer the Complaint to the District of Maryland for its consideration. I. LEGAL STANDARD The Prison Litigation Reform Act requires a district court to sua sponte screen a civil complaint filed by a prisoner seeking relief from “a governmental entity or officer or employee of a governmental entity.” 28 U.S.C. § 1915A(a). I must dismiss any claim that is frivolous, malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief from a defendant immune from suit. 28 U.S.C. § 1915A(b)(1)–(2). To survive a sua sponte screening for failure to state a claim, a complaint must allege “sufficient factual matter” to show that the plaintiff’s claims are facially plausible. Fowler v. UPMC Shadyside, 578 F.3d 203, 210 (3d Cir. 2009). “‘A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.’” Fair Wind Sailing, Inc. v. Dempster, 764 F.3d 303, 308 n. 3 (3d Cir. 2014) (quoting Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)). “[A] pleading that offers ‘labels or conclusions’ or ‘a formulaic recitation of the elements of a cause of action will not do.’” Iqbal, 556 U.S. at 678 (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007)). “The Court must accept all facts in the complaint as true, draw all reasonable inferences in the prisoner’s favor, and ask only whether the complaint contains facts sufficient to state a plausible claim.” Durham v. Kelley, 82 F.4th 217, 223 (3d Cir. 2023). Moreover, “[c]omplaints filed pro se should be construed liberally and held to ‘less stringent standards than formal pleadings drafted by lawyers.’” Id. (quoting Erickson v. Pardus, 551 U.S. 89, 94 (2007) (per curiam)). II. DISCUSSION Plaintiff alleges the Federal Bureau of Prisons (Bureau) and its employees denied medical care for his knees beginning in 2010. (ECF No. 1 p. 6.) He names the Bureau, standing in for the United States, and at least 16 medical employees as defendants. (Id. pp. 1, 2.) The Complaint concerns nine Bureau facilities in nine judicial districts: USP Leavenworth in the District of Kansas, FCI Big Spring in the Northern District of Texas, FCC Beaumont in the Eastern District of Texas, FCI Cumberland in the District of Maryland, Reeves County Detention Center in the Western District of Texas,1 FCI Victorville in the Central District of California, FCI Williamsburg in the District of South Carolina, FCI Hazelton in the Northern District of West Virginia, and FCI Fort Dix in the District of New Jersey. (Id. passim.) A. Torts Act Claim “The [Torts Act] waives sovereign immunity and grants district courts jurisdiction over tort claims against the United States ‘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.’” Gould Elecs. Inc. v. United States, 220 F.3d 169, 179 (3d Cir. 2000) (quoting 28 U.S.C. § 1346(b)(1)) (emphasis omitted), modified on other grounds by Simon v. United States, 341 F.3d 193 (3d Cir. 2003). This waiver of sovereign immunity is limited, however. “Because the Federal Tort Claims Act constitutes a waiver of sovereign immunity, the Act’s established procedures have been strictly construed.” Livera v. First Nat’l State Bank of N.J., 879 F.2d 1186, 1194 (3d Cir. 1989). The Torts Act “provides that an ‘action shall not be instituted upon a claim against the United States for money damages’ unless the claimant has first exhausted his administrative remedies.” McNeil v. United States, 508 U.S. 106, 107 (1993) (quoting 28 U.S.C. § 2675(a)). To exhaust his administrative remedies, a plaintiff suing under the Torts Act must present the offending agency, which here would be the Bureau, with notice of the claim, including a “sum certain” demand for monetary damages. White-Squire v. U.S. Postal Serv., 592 F.3d 453, 457 (3d Cir. 2010). Exhaustion occurs when either the agency denies the claim or six months have passed without a written denial of

1 Reeves County Detention Center is a private facility with a Bureau contract to house federal prisoners. (ECF No. 1 ¶ 56.) the claim. 28 U.S.C. § 2675(a). “This requirement is jurisdictional and cannot be waived.” Shelton v. Bledsoe, 775 F.3d 554, 569 (3d Cir. 2015). The exhaustion requirement applies to all Torts Act plaintiffs regardless of their pro se or incarcerated status. Id.; Wadhwa v. Nicholson, 367 F. App’x 322, 325 n. 5 (3d Cir. 2010). Plaintiff has not alleged that he exhausted the Torts Act administrative process for his negligence claim against the United States.2 In his attached declaration, plaintiff asserts that he submitted remedy forms to the Bureau’s internal administrative review program. (ECF No. 1 pp. 19, 20). “The [Bureau’s] internal grievance process, the Administrative Remedy Program, is distinct and separate from the [Torts Act’s] administrative remedy procedure.” McFadden v. United States, No. 19–cv–02900, 2021 WL 1088307, at *3 (E.D. Pa. Mar. 22, 2021); see also 28 C.F.R. § 542.10

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510 U.S. 471 (Supreme Court, 1994)
Erickson v. Pardus
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Bell Atlantic Corp. v. Twombly
550 U.S. 544 (Supreme Court, 2007)
Ashcroft v. Iqbal
556 U.S. 662 (Supreme Court, 2009)
Cna v. United States
535 F.3d 132 (Third Circuit, 2008)
White-Squire v. United States Postal Service
592 F.3d 453 (Third Circuit, 2010)
Fowler v. UPMC SHADYSIDE
578 F.3d 203 (Third Circuit, 2009)
Fair Wind Sailing Inc v. H. Dempster
764 F.3d 303 (Third Circuit, 2014)
Norman Shelton v. Bryan Bledsoe
775 F.3d 554 (Third Circuit, 2015)
Simon v. United States
341 F.3d 193 (Third Circuit, 2003)
Enrique Torruella-Torres v. Fort Dix FCI
678 F. App'x 59 (Third Circuit, 2017)
Christopher Shorter v. United States
12 F.4th 366 (Third Circuit, 2021)
Wadhwa v. Nicholson
367 F. App'x 322 (Third Circuit, 2010)
Tremayne Durham v. G. Kelley
82 F.4th 217 (Third Circuit, 2023)
John Kalu v. Spaulding
113 F.4th 311 (Third Circuit, 2024)

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BONILLA v. BUREAU OF PRISONS, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bonilla-v-bureau-of-prisons-njd-2025.