Turner v. Lincon-Vitale

Background

Wilbert K.A. Turner, an inmate at the Metropolitan Correctional Center in New York, sued M. Lincon-Vitale, the facility’s warden, and Attorney General William Barr for damages in their official capacities. He alleged that the warden failed to follow written guidance from the Federal Bureau of Prisons and the Centers for Disease Control and Prevention concerning the COVID-19 pandemic.

Turner alleged that he lived in a dormitory shared by 25 other inmates and slept near five inmates who were less than six feet away. He described other inmates becoming ill, his own symptoms—including diarrhea, drowsiness, loss of smell, loss of appetite, and 20 pounds of weight loss—and a temperature of 104.5 degrees Fahrenheit on March 30, 2020. He also alleged that officials did not provide adequate social distancing, masks, testing, or disinfection. He later tested positive for COVID-19, was quarantined, slept on a concrete slab for four days because there was no other space, and experienced shortness of breath. He also alleged underlying medical conditions including an autoimmune disease, bladder cancer, heart disease, and asthma.

Substitution of the United States

The United States moved to substitute itself for Lincon-Vitale and Barr under the Federal Tort Claims Act. That statute generally makes the United States the defendant for damages claims based on negligent or wrongful acts by federal employees acting within the scope of their employment. The court granted the substitution. It construed Turner’s allegations generously as alleging conduct within the officials’ employment, noted that the government requested substitution, and noted that Turner did not oppose it.

Administrative-exhaustion requirement

The Federal Tort Claims Act requires a claimant to present a damages claim in writing to the appropriate federal agency before filing suit. The claim must be presented within two years after it arises and must state the amount claimed. The court treated this requirement as jurisdictional, meaning that the court lacks authority to hear the claim if the requirement is not met.

The complaint did not allege that Turner had submitted such a claim. The government also submitted declarations stating that records of Turner’s grievances at the Metropolitan Correctional Center did not include a claim concerning COVID-19 conditions or the events described in the complaint. Turner did not dispute the accuracy of those records. The court further held that Turner’s application for compassionate release was not a substitute for a Federal Tort Claims Act claim because it did not satisfy the statutory requirements, including stating the amount of money claimed and being finally denied by the agency in writing.

Other possible claims

The court noted that the Federal Tort Claims Act does not apply to claims for violations of federal constitutional or statutory rights. It also noted that Turner sued the warden and Barr in their official capacities, so the court did not construe the complaint as asserting a claim under the constitutional damages remedy recognized in Bivens, which applies to officers sued in their individual capacities. The court expressly stated that it was not deciding whether exhaustion for such a claim had been satisfied or excused, or whether Turner could state such a claim.

Disposition

The court dismissed the complaint for lack of subject-matter jurisdiction under Federal Rule of Civil Procedure 12(b)(1). The conclusion states that the defendants’ motion to substitute the United States for Barr and the warden and to dismiss the complaint was granted without prejudice. The court gave Turner leave to file an amended complaint within 60 days and stated that it would close the case if he did not do so.