Evans v. The Federal Bureau of Prisons, FCI Dublin

Background

Jill M. Evans, a federal inmate proceeding without an attorney, brought a civil-rights action against T. Jusino, identified as the former warden of the Federal Correctional Institution in Dublin, California. Evans alleged that she was told on April 21, 2022, that she was eligible for immediate release under the First Step Act, but that Jusino held her until February 15, 2023—310 days later. She alleged that, if released on time, those 310 days could have been credited toward her state sentence. She sought monetary damages for “mental and emotional abuse.”

Court’s Analysis

The court conducted the preliminary review required for prisoner complaints seeking relief from a governmental officer. It explained that such a complaint may be dismissed if it is frivolous, malicious, fails to state a claim for relief, or seeks money from an immune defendant. The court also noted that constitutional damages claims against federal employees or agents may sometimes be brought under an implied constitutional cause of action.

The court ruled that Evans did not allege a physical injury. Under the Prisoner Litigation Reform Act, prisoners may recover damages for mental or emotional injuries suffered while incarcerated only after showing a physical injury. Because Evans’s damages request was based solely on mental and emotional injuries, the court dismissed the claim.

Disposition

Judge Jacquelyn Scott Corley ordered that the complaint be DISMISSED WITH LEAVE TO AMEND. Evans was required to file an amended complaint by May 30, 2025, using the caption and civil case number specified in the order and including all claims she wished to pursue. The order stated that an amended complaint replaces the original complaint and may not incorporate the original complaint by reference. It also stated that failure to file a timely or sufficient amended complaint would result in dismissal of the case.