Phelicea M. Redd v. Department of Defense

Summary

The United States District Court for the Eastern District of Virginia granted the Department of Defense’s motion to dismiss Phelicea M. Redd’s pro se complaint. The court held that the claims construed under the Federal Tort Claims Act were jurisdictionally barred because Redd had not exhausted administrative remedies, and that her Bivens and 42 U.S.C. § 1983 claims could not proceed against a federal agency or officials in their official capacities. The complaint was dismissed without prejudice.

Holdings

1. The complaint was construed as asserting a claim under the Federal Tort Claims Act, but the court lacked subject matter jurisdiction because plaintiff had not first exhausted her administrative remedies before the Department of Defense.
2. The complaint failed to state a Bivens claim because a Bivens action may not be brought against a federal agency or against a federal official acting in an official capacity.
3. The complaint failed to state a claim under § 1983 because the statute applies to persons acting under color of state law and does not provide a cause of action against a federal agency or federal actor absent the required state action.

Questions Presented

1. Whether the complaint, construed as asserting a Federal Tort Claims Act claim against the Department of Defense or the United States, was barred for failure to exhaust administrative remedies.
2. Whether the complaint stated a cognizable Bivens claim against the Department of Defense.
3. Whether the complaint stated a cognizable claim under 42 U.S.C. § 1983 against a federal agency or federal actor.

Disposition

dismissed