M.L. v. Garland

District Court, W.D. Virginia·Decided May 5, 2025·No. 1:24-cv-00017·Unknown

Opinion

CLERKS OFFICE US DISTRICT COUR AT ABINGDON, VA FILED THE UNITED STATES DISTRICT COURT May 05, 2025 FOR THE WESTERN DISTRICT OF VIRGINIA LAURA A. AUSTIN, CLERK ABINGDON DIVISION ov: {s/ Robin Bordwine M.L., et al., ) Plaintiffs, ) Civil Action No. 1:24cv00017 ) v. ) MEMORANDUM OPINION ) PAM BONDI! ) et al., ) By: Hon. Pamela Meade Sargent Defendants. ) United States Magistrate Judge

This matter is before the court on plaintiffs’ motion to proceed under pseudonyms, filed contemporaneously with the original Complaint. (“Motion”) (Docket Item No. 12.) The court granted plaintiffs’ Motion, only insofar as the Complaint and Motion would remain under seal until after the defendants appeared and had a chance to respond to the Motion. Plaintiffs then filed Amended Complaints before defendants had been served. (Docket Item Nos. 24 and 43.) Thereafter, defendants filed Defendants’ Response In Opposition To Plaintiffs’ Motion To Proceed Under Pseudonyms, (“Defendants’ Response’) (Docket Item No. 88), to which plaintiffs responded. (“Plaintiffs’ Response”) (Docket Item No. 91.)

I. Background In this action, plaintiffs sue the United States of America, the Attorney General of the United States, the Director of the Federal Bureau of Prisons, (“BOP”’), the Regional Director of the Mid-Atlantic Region of the BOP, and 15 named and 50

' Pam Bondi, (“Bondi”), became Attorney General of the United States on February 5, 2025. Pursuant to Federal Rules of Civil Procedure Rule 25(d), Bondi should, therefore, be substituted as the lead defendant in this case.

unnamed employees of United States Penitentiary at Lee, (“USP Lee), under the Federal Tort Claims Act and for violations of the Eighth Amendment of the United States Constitution,2 due to the defendants’ alleged denial of adequate medical care and physical and sexual assault of plaintiffs. Plaintiffs M.L., E.W., S.W. and K.Y. represent that they were incarcerated at USP Lee when the allegations in their lawsuit occurred. Plaintiffs request to proceed through use of pseudonyms because the litigation involves sensitive medical information and a fear of retaliation or other unsafe conditions. Defendants oppose the Motion for all named plaintiffs except for K.Y., who alleges sexual assault by defendants. (Defendants’ Response at 4.)

Plaintiffs also request anonymity for members of the putative class. However, the court has not yet ruled on plaintiffs’ motion for class certification. (Docket Item No. 27.) Until a court certifies a class, a lawsuit is not a class action. See Baxter v. Palmigiano, 425 U.S. 308, 310 n.1 (1976.) Therefore, at this time, I only will address the named plaintiffs’ requests to proceed in this litigation pseudonymously.

As alleged by plaintiffs in the Second Amended Class Action Complaint For Declaratory And Injunctive Relief And For Individual Damages, (“Second Amended Complaint”), (Docket Item No. 43), plaintiff M.L. is a 26-year-old man who was transferred to USP Lee on April 5, 2023. (Second Amended Complaint at 8.) M.L. alleges that he has suffered from severe mental health issues since his first suicide attempt at age seven. (Second Amended Complaint at 8.) Throughout his life, and both in and out of federal custody, M.L. claims to have been diagnosed with schizophrenia, bipolar disorder, major depressive disorder, generalized anxiety disorder, obsessive-compulsive disorder, post-traumatic stress disorder, (“PTSD”),

2 While the Complaint does not cite it, these claims, if viable, must be pursued under Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971). intellectual disability, attention-deficit/hyperactivity disorder, borderline personality disorder, antisocial personality disorder, opioid use disorder, cannabis use disorder and phencyclidine use disorder. (Second Amended Complaint at 8.) M.L. claims that he has received mental health treatment and medication for his mental health disorders while both in and out of incarceration for much of his life. (Second Amended Complaint at 8.) Since being incarcerated within the BOP, M.L. claims to have received over 60 Suicide Risk Assessments. (Second Amended Complaint at 8.) M.L. claims that, at prior BOP facilities, he was classified as a Mental Health Care Level 2, and he would receive monthly clinical evaluations from treatment staff. (Second Amended Complaint at 18.)

When he was transferred to USP Lee, M.L. says that he was prescribed Elavil and Lexapro to reduce symptoms of depression, anxiety and mood disorder. (Second Amended Complaint at 19.) M.L. alleges that, shortly after his arrival at USP Lee, Psychology Services abruptly discontinued his medications, falsified documentation stating that M.L. had seen Psychology Services and falsely claims that M.L.’s medications were discontinued due to noncompliance with treatment. (Second Amended Complaint at 20-21.) M.L. claims that, at the time his medications were discontinued, he had never received a meeting or evaluation with Psychology Services, and he had never missed a dose of his medication. (Second Amended Complaint at 22.) M.L. claims that his later review of his Psychology Services records indicated that Psychology and Health Services jointly agreed to discontinue M.L.’s medications based on his friendly demeanor and a purported clinical interview that he asserts never took place. (Second Amended Complaint at 22.) M.L. alleges that Psychology Services also falsely claimed that they had clinically observed M.L., and he claims to have submitted multiple written requests to speak with Psychology Services about his mental health symptoms that went unanswered. (Second Amended Complaint at 23.)

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