Gallicchio v. Jamison

Background

Vito Gallicchio, who is incarcerated at the Federal Correctional Institution in Allenwood, Pennsylvania, brought a case alleging that federal employees violated his constitutional rights during his earlier incarceration at the Federal Correctional Institution in Otisville, New York. The case was transferred from the Eastern District of New York. The court had previously granted Gallicchio permission to proceed without prepaying filing fees, although the opinion notes that prisoners must still pay the full filing fee over time.

Because the defendants are federal employees, the court treated the constitutional claims as claims under Bivens, a legal framework that can allow damages claims against individual federal officials for certain constitutional violations. The court explained that a defendant must have personally participated in the alleged violation and cannot be held responsible merely because the defendant supervised or employed someone else.

Claims Against Jamison and Linley

The court found that Gallicchio alleged no facts showing how J. Jamison or A. Linley were personally involved in the events underlying his claims. It therefore dismissed the constitutional claims against those defendants for failure to state a claim on which relief may be granted. Because Gallicchio was proceeding without a lawyer, the court granted him 30 days to file an amended complaint alleging facts showing their personal involvement.

Federal Tort Claims Act Claims

The court also understood the complaint as attempting to bring tort claims under the Federal Tort Claims Act, a statute that waives the federal government’s immunity for certain tort claims. The proper defendant for such a claim is the United States, rather than individual federal employees or federal agencies.

The court stated that Gallicchio could not proceed with a damages claim under that statute as pleaded because he did not allege that he had filed an administrative claim for damages with the Bureau of Prisons. The court granted him 30 days to file an amended complaint naming the United States and alleging facts showing that he had completed the required administrative process. The opinion did not make a merits ruling on whether any tort claim was valid.

Service on Remaining Defendants

Because Gallicchio was permitted to proceed without prepaying fees, the court directed the Clerk of Court to issue summonses and provide the necessary documents to the U.S. Marshals Service. The service order concerned J. Vanderhey-Wright, J. Knibb or Knibbs, and B. Walls. The court extended the time for service until 90 days after the summonses are issued and stated that Gallicchio must request an extension if service is not completed within that period.

Disposition

Judge Philip M. Halpern ordered that the constitutional claims against Jamison and Linley be dismissed for failure to state a claim, with 30 days’ leave to replead. The court also granted 30 days’ leave to replead a Federal Tort Claims Act claim against the United States. It directed the Clerk to issue summonses for Vanderhey-Wright, Knibb or Knibbs, and Walls and to arrange service through the U.S. Marshals Service.