Dudley v. North Central Regional Office

388 F. App'x 777
CourtCourt of Appeals for the Tenth Circuit
DecidedJuly 21, 2010
Docket10-3048
StatusUnpublished
Cited by1 cases

This text of 388 F. App'x 777 (Dudley v. North Central Regional Office) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dudley v. North Central Regional Office, 388 F. App'x 777 (10th Cir. 2010).

Opinion

ORDER AND JUDGMENT *

STEPHEN H. ANDERSON, Circuit Judge.

After examining the briefs and appellate record, this panel has determined unani *778 mously that oral argument would not materially assist in the determination of this appeal. See Fed. R.App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument.

The appellant, Gene E. Dudley, Sr., a former federal prisoner proceeding pro se, appeals from several adverse decisions entered against him in a civil rights action he brought against two groups of defendants. The claims at issue arose out of events which took place while Mr. Dudley was participating in a federal residential reentry program known as the Kansas City Community Center (“KCCC”). The KCCC, a private facility under contract with the Bureau of Prisons, operates as a halfway house for prisoners reentering civilian life. Mr. Dudley claims that the defendants, collectively, wrongfully forced him to incur medical expenses at the KCCC and that they delayed the receipt of his legal mail and improperly hindered his efforts to exhaust his administrative remedies and file the necessary grievances.

The district court dismissed the private defendants (KCCC and Charles Meger-man, the executive director of KCCC’s residential programs) for lack of personal jurisdiction under Fed.R.Civ.P. 12(b)(2) and he granted summary judgment in favor of the federal defendants (the North Central Regional Office, the Office of General Counsel, Van Racy and Michael K. Nalley). It then denied Mr. Dudley’s motion for reconsideration and his motion seeking a “Final Appealable Judgment.” Mr. Dudley appeals all these rulings, which we affirm. 1

The district court succinctly stated the facts relevant to the action against the private defendants, as follows:

Following his incarceration at a federal prison, plaintiff participated in a federal residential re-entry center program at [KCCC]. The program seeks to assist federal offenders with issues relating to their re-entry into society after imprisonment. The program is operated pursuant to a contract awarded to KCCC by the Federal Bureau of Prisons in 2007. In the contract, the Bureau of Prisons, as “contracting Officer,” designated the North Central Regional Office in Kansas City, Kansas as the “Contracting Officer’s Technical Representative,” or “COTR.” The North Central Regional Office works with KCCC as the designated representative. For example, the Bureau of Prisons provides funding to KCCC for the program, and the contract provides for payment to be made by the North Central Regional Office.
KCCC is a Missouri not-for-profit corporation, and all of its facilities are located in Missouri. Defendant Charles Megerman is the executive director of residential programs for KCCC. During the time plaintiff participated in the program, plaintiff resided at KCCC’s facilities in Kansas City, Missouri. While placed at KCCC, he received medical, dental and optometry care from two Missouri healthcare facilities, Swope Parkway Health Care Services and Truman Medical Center. During this time at KCCC, he was employed by Dudley Does It All, located in Missouri. He was injured while working and when he informed KCCC staff of his pain from the injury, the staff allegedly informed him that KCCC policy required him to be transported by an ambulance for medical treatment. Plaintiff was taken by ambulance for treatment, and received medical care at facilities in Kansas City, Missouri.
*779 Plaintiff asserts that he entered into an agreement with the Bureau of Prisons providing for continued medical coverage while participating in the program at KCCC and that federal law requires the free provision of such medical care. Plaintiff alleges that he personally incurred costs for the medical care he received while at KCCC, including the fee for ambulance transportation and costs associated with dental and optometry care. He claims that the imposition of such costs upon participants in reentry programs violates federal law, including the Second Chance Act of 2007, Pub.L. No. 110-199, 122Stat. 657 (2008). He filed a grievance with KCCC regarding such expenses and the grievance was allegedly reviewed and denied by the North Central Regional Office. He apparently appealed the denial of the grievance with no success. Plaintiff asserts that the Office of General Counsel for the Bureau of Prisons hindered or delayed his attempts to exhaust administrative remedies in regards to his grievance, and that the North Central Regional Office and Office of General Counsel for the Bureau of Prisons “created a sham and artifice” to make it appear that plaintiff had sufficiently exhausted his remedies under the FTCA, which they had in fact not been exhausted.
While participating in the program at KCCC, plaintiff received mail from the United States District Court for the Eastern District of Michigan regarding a separate lawsuit plaintiff had filed. The letter was received by the North Central Regional Office, forwarded to KCCC, and then given to plaintiff. Plaintiff alleges that the defendants delayed delivery of the mail and that he was harmed by the delay because the lawsuit was dismissed. In support of their motion, the defendants have submitted the affidavit of Kyle Mead, the Facility Director for KCCC’s federal residential re-entry center program, explaining how mail is received by prior inmates who participate in the program at KCCC. Most mail sent to those participating in programs at KCCC is delivered directly to KCCC. However, any mail that is addressed to a participant’s previous place of incarceration is sent to the North Central Regional Office, which then forwards it to KCCC.

9/8/09 Mem. & Order at 2-3.

The district court then addressed the private defendants’ argument that Mr. Dudley’s action against them must be dismissed for lack of personal jurisdiction, which Mr. Dudley was obligated to prove. The court concluded that “[r]esolving all doubts in plaintiffs favor, the Court concludes that plaintiff has not met his burden of making a prima facie showing that defendants are subject to the jurisdiction of this court.” Id. at 5. The district court’s lengthy and thorough discussion clearly explained why there was no personal jurisdiction over the private defendants. We agree with its analysis. Accordingly, we affirm the district court’s dismissal of these private defendants for substantially the same reasons as stated in the district court’s memorandum and order. We turn now to its grant of summary judgment in favor of the remaining defendants (the federal defendants).

We again recite the facts, as succinctly stated by the district court regarding these federal defendants:

Before transferring to KCCC’s facilities, plaintiff signed an agreement with the Bureau of Prisons expressing his understanding that he would be expected to assume financial responsibility for his own health care during his time at KCCC....

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388 F. App'x 777, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dudley-v-north-central-regional-office-ca10-2010.