Dominy v. United States

Background

Vincent Dominy brought this action without a lawyer under the Federal Tort Claims Act, alleging that he was denied adequate medical care and pain management. He alleged that in April 2023 he began experiencing pain in his left ankle; an X-ray showed that a screw had fused and become deformed. According to the complaint, the Regional Medical Director wanted to amputate his leg below the knee, but Dominy considered that excessive. A specialist appointment was arranged, but while Dominy waited, his ankle made a popping sound and he experienced extreme pain. Another X-ray showed that a rod in his leg had broken. He received a wheelchair and crutches, but the specialist appointment was canceled, and he alleged that he received no further treatment or pain medication. He sought $1.5 million in damages.

Screening and exhaustion requirement

Because Dominy is incarcerated and was permitted to proceed without prepaying filing fees, the court screened his complaint under the Prison Litigation Reform Act. The court explained that the Federal Tort Claims Act waives the United States’ protection from certain damages claims based on wrongful conduct by federal employees acting within the scope of their employment. Before filing such a claim in federal court, however, a claimant generally must submit a written claim for damages to the appropriate federal agency, including the amount sought. The claimant may sue after the agency denies the claim, or after six months pass without a written final decision.

The court stated that this exhaustion requirement is jurisdictional, meaning the court cannot hear the claim unless the requirement has been satisfied. The opinion said that the complaint did not make clear whether Dominy had exhausted his administrative remedies with the Bureau of Prisons. The court described the Bureau of Prisons’ four-step process: informal resolution using a BP-8 form, followed by appeals using BP-9, BP-10, and BP-11 forms. Because exhaustion was unclear, the court said that the claim could not proceed on the current complaint.

Ruling

The court granted Dominy leave to file an amended complaint within 60 days. The amended complaint must state facts showing that he fully exhausted the appropriate administrative remedies or waited at least six months after making his administrative claim. It must be labeled “Amended Complaint” and include docket number 25-CV-1279 (LTS). The court emphasized that the amended complaint would completely replace the original complaint, so Dominy would have to repeat any facts or claims he wanted to preserve. No summons would issue at that time. The court stated that failure to comply, without good cause, would result in dismissal for failure to state a claim. It also certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees. Judge Laura Taylor Swain did not decide whether Dominy’s medical-care allegations ultimately establish liability under the Federal Tort Claims Act.