Summary
The United States District Court for the Southern District of Illinois dismissed Michael Schuttpelz’s Bivens action against the United States and individual defendants. The court held that the claims concerning disciplinary punishment, prolonged segregation, prison transfer, and allegedly unlawful custody presented contexts not recognized under Bivens and were therefore dismissed with prejudice under 28 U.S.C. § 1915A.
Holdings
- Counts 1 through 4 present new contexts not previously recognized by the Supreme Court, and the court declined to extend a Bivens damages remedy to those claims.
- The complaint failed to state a claim upon which relief could be granted, so Counts 1 through 4 and the entire action were dismissed with prejudice.
Questions Presented
- Whether Schuttpelz’s claims concerning disciplinary punishment, prolonged special-housing placement, prison transfer, and the basis of his federal custody were cognizable damages claims under Bivens.
- Whether the complaint stated claims warranting relief under the Prison Litigation Reform Act screening provision, 28 U.S.C. § 1915A.
Disposition
dismissed
Cases Cited (9)
- Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388, 392 (1971)(followed)
- Rodriguez v. Plymouth Ambulance Service, 577 F.3d 816, 821 (7th Cir. 2009)(followed)
- Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007)(followed)
- Davis v. Passman, 442 U.S. 228 (1979)(followed)
- Carlson v. Green, 446 U.S. 14 (1980)(followed)
- Ziglar v. Abbasi, 582 U.S. 120, 133 (2017)(followed)
- Egbert v. Boule, 596 U.S. 482, 492 (2022)(followed)
- Goree v. Serio, 735 F. App’x 894 (7th Cir. 2018)(followed)
- Lucien v. Jockisch, 133 F.3d 464, 467 (7th Cir. 1998)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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