Darrell Henri v. Federal Bureau of Investigation

Summary

The Eastern District of New York dismissed without prejudice a pro se Bivens action against the Federal Bureau of Investigation. The court held that the FBI was protected by sovereign immunity and that a Bivens action may not be brought against a federal agency. The plaintiff was granted thirty days to amend the complaint, subject to dismissal with prejudice if he failed to cure the identified deficiencies.

Holdings

1. Claims against the FBI, as a United States government agency, are barred by sovereign immunity because the United States has not waived immunity for the claims alleged, depriving the court of subject-matter jurisdiction.
2. A Bivens action may be brought only against a federal government official, not against the United States or a federal agency; therefore, the action against the FBI was not a proper Bivens claim.
3. The complaint did not state a viable private claim under 18 U.S.C. § 241 because criminal statutes are enforced by the federal government rather than through private complaints, and Bivens claims have been recognized only for constitutional violations.

Questions Presented

1. Whether claims against the Federal Bureau of Investigation are barred by sovereign immunity absent an applicable waiver.
2. Whether a Bivens action may be maintained directly against a federal agency.
3. Whether the complaint stated a viable private claim under 18 U.S.C. § 241 or otherwise stated a plausible Bivens claim.

Disposition

dismissed