Spencer v. United States Bureau of Prisons

Background

The United States Bureau of Prisons asked for an extension of time to answer or otherwise respond to Spencer’s complaint. It also asked the court to give all defendants one consolidated deadline. The Bureau explained that Lieutenant Gravdahl had not yet been personally served and that the Justice Department had not decided whether it would represent the defendants sued as individuals. The Bureau proposed a deadline 60 days after service was completed on Lieutenant Gravdahl.

Spencer’s complaint referred to 42 U.S.C. § 1983 and alleged that corrections officers violated his constitutional right to due process in connection with disciplinary sanctions. The court explained that § 1983 does not apply to federal officers. Because Spencer was representing himself, the court said it would interpret his allegations in the most appropriate legal framework. The court construed at least part of the complaint as a claim under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, which can provide damages claims against individual federal officers for certain constitutional violations. The court did not decide whether Spencer had a viable claim against the Bureau itself.

Service and the parties’ positions

Spencer argued that service on Lieutenant Gravdahl had been completed, that the defendants were conspiring with the United States Marshals Service to delay the case, and that the defendants were sued only in their official capacities. He asked the court to require all defendants to respond by September 8, 2020 or face default.

The court rejected the argument that official-capacity allegations eliminated the personal-service requirements applicable to individual federal officers. It found that Spencer had mailed papers to Lieutenant Gravdahl, provided papers to the United States Attorney’s Office, and served the Attorney General, but had not personally served Lieutenant Gravdahl. The court also found no support in the record for Spencer’s allegations that the defendants or their counsel were improperly delaying the litigation.

Ruling

Judge Menendez granted the Bureau’s request. The court ordered all defendants to serve and file a response within 60 days after service was completed on Lieutenant Gravdahl. Within three days after the Justice Department decided whether it would represent the individual-capacity defendants, defense counsel had to notify the court whether counsel would represent them. The court also encouraged the defendants to agree that defense counsel could accept service if the Justice Department approved representation. This order addressed timing and service; it did not decide the merits of Spencer’s constitutional claims.