Davis v. Federal Bureau of Prisons
- Richard Berman
- 1:23-cv-01678
- U.S. District Court · Southern District of New York
- 4
Davis v. Federal Bureau of Prisons: Judge Berman transferred Davis’s prison-conditions petition to Pennsylvania because New York lacked jurisdiction.
Jamar Davis’s prison-conditions and medical-care complaints were transferred from the Southern District of New York to the Middle District of Pennsylvania for consideration by the court with jurisdiction over his place of confinement.
What happened
In Davis v. Federal Bureau of Prisons, Jamar Davis complained about alleged mistreatment and inadequate medical care at federal prisons, including asthma attacks, use of chemical spray, an alleged beating, and feces in his food.
The court treated his complaints as a petition challenging how the Bureau of Prisons was carrying out his sentence under a federal law allowing challenges to prison conditions and confinement. Because Davis was incarcerated at USP Canaan in Pennsylvania, the court concluded that the proper federal court was in Pennsylvania rather than the Southern District of New York.
Judge Richard Berman ordered the petition and the government’s response transferred to the Middle District of Pennsylvania. The order did not decide whether Davis’s allegations were true or whether he was entitled to relief, and it stated that the transfer was without prejudice to any other claims he might have.
The detailed version
- Davis v. Federal Bureau of Prisons · No. 1:23-cv-01678
- Richard Berman
- Mar. 8, 2023
Background
Jamar Davis pleaded guilty in 2017 to using and carrying a firearm that was discharged during and in relation to a drug-trafficking crime. He received a 120-month prison sentence followed by five years of supervised release.
In letters dated December 12 and December 24, 2022, Davis raised complaints about conditions at FCI Beckley and USP Allenwood. He alleged that he was repeatedly denied medical care during asthma attacks and other medical emergencies, sprayed with chemical spray and placed in cages, beaten by an officer while handcuffed, and given food containing feces that caused him to stop eating until he passed out. The opinion states that Davis was incarcerated at USP Canaan in Pennsylvania as of February 16, 2023.
The government argued that the court lacked jurisdiction because Davis was challenging the execution of his sentence rather than the validity of his conviction or sentence. It also argued that he provided no support for his claims and requested no specific relief.
Legal standard
A challenge to the execution of a federal sentence may be brought under 28 U.S.C. § 2241, the federal statute governing this type of confinement challenge. The court explained that a petition challenging present physical confinement generally must be filed in the federal district where the person is confined. When jurisdiction is lacking, a court may transfer the matter to the proper district rather than decide it.
Analysis and ruling
The court construed Davis’s letters as a § 2241 petition because they challenged the Bureau of Prisons’ execution of his sentence, including alleged threats to his medical well-being. Because USP Canaan was in the Middle District of Pennsylvania, the court concluded that the Southern District of New York lacked jurisdiction to adjudicate the petition.
The court therefore ordered the clerk to transfer the petition and the government’s response to the clerk of the United States District Court for the Middle District of Pennsylvania. It also directed that copies be sent to the warden of USP Canaan and Bureau of Prisons counsel. The order did not resolve the factual or legal merits of Davis’s allegations. A footnote states that the transfer was without prejudice to any claims Davis might have under other legal theories, including a claim under Bivens v. Six Unknown Federal Narcotics Agents.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.