Karl Henry Lucce v. ICK Health Corps Services (HSC)

Summary

The United States District Court for the Western District of New York grants Karl Henry Lucce leave to proceed in forma pauperis but dismisses his complaint without prejudice. The court holds that the pleaded claims under 42 U.S.C. § 1983 cannot proceed against the alleged federal defendant, and that the complaint does not identify an individually involved federal officer or establish an FTCA claim. The court also denies injunctive relief without prejudice and grants leave to amend within 45 days.

Holdings

1. Plaintiff could not maintain a § 1983 claim because the complaint alleged wrongful action by federal rather than state actors.
2. A Bivens damages claim could not proceed against the defendant federal agency or agency component because federal agencies are not proper Bivens defendants and sovereign immunity barred the claim absent a waiver.
3. The complaint failed to state a Bivens claim because plaintiff did not identify any federal official who was personally involved in the alleged constitutional violation.
4. The complaint did not state an FTCA claim because it failed to plead administrative exhaustion and did not name the United States as defendant.
5. Plaintiff's request for injunctive relief was denied without prejudice because the requested relief was unspecified, the microchip allegations appeared frivolous, and the complaint and attached medical records did not support a nonfrivolous claim for compelled medical treatment.

Questions Presented

1. Whether plaintiff could maintain a claim under 42 U.S.C. § 1983 based on alleged conduct by federal actors.
2. Whether the complaint stated a viable Bivens claim against a federal agency or component of a federal agency without identifying an individual federal officer who was personally involved.
3. Whether the complaint stated an FTCA claim despite failing to allege administrative exhaustion and failing to name the United States as defendant.
4. Whether plaintiff was entitled to injunctive relief based on his vague request for medical attention and allegations concerning implanted microchips.

Disposition

dismissed