Rivera v. Fed. Bureau of Prisons

368 F. Supp. 3d 741
CourtDistrict Court, S.D. Illinois
DecidedMarch 15, 2019
Docket17 Civ. 5103 (GBD) (DCF)
StatusPublished
Cited by87 cases

This text of 368 F. Supp. 3d 741 (Rivera v. Fed. Bureau of Prisons) is published on Counsel Stack Legal Research, covering District Court, S.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rivera v. Fed. Bureau of Prisons, 368 F. Supp. 3d 741 (S.D. Ill. 2019).

Opinion

GEORGE B. DANIELS, United States District Judge:

Plaintiff Rafael Rivera, pro se , brings this action against Defendants Federal Bureau of Prisons (the "BOP"), Tunesia Mitchell, and John Doe Medical Personnel 1-15 (the "John Doe Defendants") asserting claims stemming from medical treatment that he received while detained at the Metropolitan Correctional Center (the "MCC"). (See Am. Compl.) The action was referred to Magistrate Judge Debra C. Freeman for general pretrial management and reports and recommendations on dispositive motions. (See ECF No. 7.) The BOP and Mitchell move to dismiss Plaintiff's amended complaint for lack of subject matter jurisdiction pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure and for failure to state a claim pursuant to Rule 12(b)(6).1 (ECF No. 36.) Before this Court is Magistrate Judge Freeman's December 14, 2018 Report and Recommendation, (the "Report"), recommending that this Court grant the BOP and Mitchell's motion to dismiss for failure to state a claim as to Plaintiff's Bivens claims, Rehabilitation Act claim, and FTCA claim concerning his receipt of inadequate medical treatment for his facial injury. (Report at 34-35.) Magistrate Judge Freeman finds that Plaintiff has stated viable FTCA claims concerning: (1) placement on a methadone detoxification program; (2) improper prescription of Clonidine ; (3) receipt of another inmate's medication; and (4) Mitchell's order that Plaintiff stand despite a risk that he would fall. However, Magistrate Judge Freeman recommends that this Court dismiss the viable FTCA claims as to Mitchell and substitute the United States for the BOP, because the United States is the only proper defendant on such claims. (Id. at 35.)

In her Report, Magistrate Judge Freeman informed the parties that failure to file timely objections to the Report would *744constitute a waiver of those objections on appeal. (Id. at 36.) The Objectors filed timely objections. (See Objs., ECF No. 47.) The objections are OVERRULED.

The BOP and Mitchell's motion to dismiss is GRANTED as to Plaintiff's Bivens claims and Rehabilitation Act claim against the BOP and Mitchell, all of Plaintiff's FTCA claims against Mitchell, and Plaintiff's FTCA claim against the BOP concerning Plaintiff's receipt of inadequate medical treatment for his facial injury. The motion to dismiss is DENIED as to Plaintiff's FTCA claims against the BOP concerning: (1) placement on a methadone detoxification program; (2) improper prescription of Clonidine ; (3) receipt of another inmate's medication; and (4) Mitchell's order that Plaintiff stand despite a risk that he would fall. The United States is substituted for the BOP as the proper defendant on Plaintiff's surviving FTCA claims.

I. LEGAL STANDARDS

A court "may accept, reject, or modify, in whole or in part, the findings or recommendations" set forth in a magistrate judge's report. 28 U.S.C. § 636(b)(1)(C). The court must review de novo the portions of a magistrate judge's report to which a party properly objects. Id. Portions of a magistrate judge's report to which no or "merely perfunctory" objections are made are reviewed for clear error. See Edwards v. Fischer , 414 F.Supp.2d 342, 346-47 (S.D.N.Y. 2006) (citation omitted). The clear error standard also applies when a party's "objections are improper-because they are 'conclusory,' 'general,' or 'simply rehash or reiterate the original briefs to the magistrate judge.' " Stone v. Comm'r of Soc.Sec ., No. 17 Civ. 569 (RJS) (KNF), 2018 WL 1581993, at *3 (S.D.N.Y. Mar. 27, 2018) (quoting Rodriguez v. Colvin , No. 12 Civ. 3931 (RJS) (RLE), 2014 WL 5038410, at *3 (S.D.N.Y. Sept. 29, 2014) ). Clear error is present when "upon review of the entire record, [the court is] left with the definite and firm conviction that a mistake has been committed." United States v. Snow , 462 F.3d 55, 72 (2d Cir. 2006) (citation omitted).

II. DEFENDANTS' MOTION TO DISMISS

Magistrate Judge Freeman construes Plaintiff's amended complaint to raise claims pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics , 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971), the Federal Tort Claims Act ("FTCA"), 28 U.S.C. § 2671 et seq. , and the Rehabilitation Act of 1973 (the "Rehabilitation Act"), 29 U.S.C. § 701 et seq. (Report at 5-6 & n.2).

A. Plaintiff's Bivens Claims

Magistrate Judge Freeman correctly found that Plaintiff's Bivens claims against the BOP and against Mitchell in her official capacity should be dismissed. "Because an action against a federal agency or federal officers in their official capacities is essentially a suit against the United States, such suits are ... barred under the doctrine of sovereign immunity, unless such immunity is waived."2 (Report at 10 *745(quoting Robinson v. Overseas Military Sales Corp. , 21 F.3d 502, 510 (2d Cir. 1994) ).)

Magistrate Judge Freeman further correctly found that Plaintiff's Bivens claim against Mitchell in her individual capacity should be dismissed.3

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368 F. Supp. 3d 741, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rivera-v-fed-bureau-of-prisons-ilsd-2019.