Smith v. United States of America

Background

John Smith brought the action on April 2, 2019. He alleged that, while in the custody of the Federal Bureau of Prisons, he suffered injuries in an automobile collision during transportation between a medical facility and a federal detention facility. The opinion states that he originally asserted claims against the United States under the Federal Tort Claims Act (FTCA), a statute allowing certain negligence claims against the federal government, and under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, a doctrine allowing certain constitutional claims against individual federal officers.

The defendants were the United States of America, Lieutenant Poitras, Lieutenant Hunter, Correctional Officer Zurida, and Correctional Officer Hoehmann. They moved to dismiss the complaint.

Arguments and Resolution of the Motion

The defendants argued that any Bivens claim would require the court to recognize a new type of Bivens claim and that the FTCA already provided a remedy for Smith’s negligence claims. They also argued that, if the court recognized a Bivens claim based on alleged indifference to serious medical needs, the claim failed on its merits or the defendants were protected by qualified immunity.

Smith stated in his opposition that he conceded, under the Supreme Court’s decision in Ziglar v. Abbasi, that his Bivens claim should be dismissed. The court therefore dismissed the Bivens claim.

The defendants also argued that the FTCA claims were unclear and should be dismissed for failure to state a claim. Smith clarified that the FTCA claim concerned the alleged negligence of the vehicle drivers that led to the collision, not inadequate medical care afterward. He also argued that he had adequately alleged sufficiently serious injuries. The defendants then notified the court that they wished to withdraw their motion as to the FTCA claims.

Ruling and Next Steps

The court stated that, based on the parties’ resolution of the issues raised in the motion, the Bivens claim was dismissed and the action could proceed on the FTCA claim as described in Smith’s opposition. Judge Kenneth M. Karas ordered the Clerk to terminate the pending motion, mail Smith a copy of the order, and directed the parties to submit a proposed discovery and case-management schedule within 30 days of the order.

The opinion does not state that the Bivens claim was dismissed with or without prejudice.