Evens Claude v. Angela Dukate, et al.

Summary

The United States District Court for the District of Connecticut granted motions to dismiss an incarcerated plaintiff's Eighth Amendment Bivens claims concerning allegedly inadequate medical care for his eye condition. The court held that Health Administrator Angela Dukate, a commissioned Public Health Service officer, was entitled to immunity under 42 U.S.C. § 233(a). The court also held that no Bivens remedy was available against optometrist Thomas Wagner, a private medical provider, and directed the Clerk to close the case.

Holdings

1. A commissioned Public Health Service officer is entitled to the protections of 42 U.S.C. § 233(a), including absolute immunity from a damages action arising out of medical or related functions performed within the scope of employment. Because Claude's allegations challenged Dukate's medical-related conduct within that scope, the claim against Dukate was subject to dismissal under Rule 12(b)(1).
2. The court could not recognize a Bivens damages remedy for Claude's Eighth Amendment medical-indifference claim against Wagner, a private optometrist providing medical services to federal prisoners. The claim arose in a new Bivens context, and Supreme Court precedent, including the availability of state tort remedies, foreclosed extending Bivens to that context.

Questions Presented

1. Whether Dukate, a commissioned Public Health Service officer, was absolutely immune from Claude's Bivens claim under 42 U.S.C. § 233(a), requiring dismissal under Rule 12(b)(1).
2. Whether Claude could pursue a Bivens damages remedy against Wagner, a private optometrist providing medical services to Bureau of Prisons inmates, for alleged Eighth Amendment medical indifference.

Disposition

dismissed