Germaine v. United States

Background

Justin Germaine, who the opinion says is incarcerated at FCC Oakdale in Louisiana, filed a lawsuit about treatment he received while incarcerated at FCI Otisville. He alleges that Mr. Gibbs, medical staff, a lieutenant, an intake officer, and medical-intake personnel were deliberately indifferent to his serious medical needs, violating the Eighth Amendment.

Because the alleged constitutional violations were attributed to federal-government employees, the court treated the complaint as asserting claims under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, a constitutional damages remedy against certain federal officials. The court also treated the complaint as asserting claims under the Federal Tort Claims Act, a federal law allowing certain tort claims against the United States.

The court had previously allowed Germaine to proceed without prepaying filing fees. The opinion states that this permission does not exempt a prisoner from paying the full filing fee over time.

Court’s Actions

Under Federal Rule of Civil Procedure 21, the court directed the Clerk of Court to add the United States of America as a defendant because the United States is the proper defendant for a Federal Tort Claims Act claim. The court stated that adding the United States was without prejudice to defenses the United States may assert.

The court directed the Clerk to issue summonses for the United States and Mr. Gibbs, complete the required service forms, and provide the necessary documents to the U.S. Marshals Service. Because Germaine was allowed to proceed without prepaying fees, the Marshals Service will serve those defendants. The court extended the service period to 90 days after the summonses are issued. The opinion also states that Germaine must notify the court in writing if his address changes and that the action may be dismissed if he fails to do so.

The court found that the complaint provided enough information for the Bureau of Prisons to identify SIS Lieutenant John Doe and John Does #1 through #3. It ordered the United States Attorney’s Office for the Southern District of New York to determine each person’s identity, badge number, and service address, and to provide that information to Germaine and the court within 60 days of the order.

Within 30 days after receiving that information, Germaine must file an amended complaint naming the John Doe defendants. The amended complaint will replace, rather than supplement, the original complaint. The court will screen the amended complaint and may then issue additional service instructions.

Disposition and Effect

The court issued an order of service. It added the United States as a defendant, ordered service on the United States and Mr. Gibbs, and ordered identification of the John Doe defendants. The order did not decide whether Germaine will ultimately succeed on his medical-care claims.