Lamar Ray Steele Jr. v. (LNU), et al.

Summary

The United States District Court for the District of Kansas dismissed Lamar Ray Steele Jr.'s pro se Bivens action concerning an alleged cell extraction and related claims of due process violations, inadequate medical care, excessive force, and inhumane conditions of confinement. The court held that the plaintiff had not shown that a Bivens remedy was available and that the Bureau of Prisons' Administrative Remedy Program constituted an adequate alternative remedial process. The court granted the plaintiff's motion to file his response out of time but dismissed the action for failure to state a claim.

Holdings

1. Plaintiff failed to show that a Bivens cause of action is available for his claims against federal prison officials because the claims arose in a new context beyond the limited contexts recognized by the Supreme Court.
2. The alleged ineffectiveness of the Bureau of Prisons Administrative Remedy Program did not justify recognition of a new Bivens remedy.
3. Plaintiff's request to file his response to the order to show cause out of time was granted.

Questions Presented

1. Whether plaintiff could pursue damages claims against federal prison officials under Bivens for alleged due-process, medical-care, excessive-force, and conditions-of-confinement violations arising in a new Bivens context.
2. Whether the Bureau of Prisons Administrative Remedy Program was an inadequate alternative remedy such that a court could recognize a new Bivens cause of action.
3. Whether plaintiff's response to the order to show cause should be accepted despite being filed late.

Disposition

dismissed