Leslie Robert Burk v. LaSalle Corrections V, LLC, et al.

Summary

This Report and Recommendation addresses a motion to dismiss claims brought by federal detainee Leslie Robert Burk concerning alleged excessive force, inadequate medical care, interference with mail and court access, failure to report misconduct, and missed meals at the West Texas Detention Facility. The magistrate judge recommends granting the motion filed by LaSalle Corrections V, LLC and Mrs. Padilla and dismissing with prejudice the claims against those defendants and the remaining individual defendants. The recommendation principally concludes that the claims against private correctional employees are unavailable under Bivens under Minneci v. Pollard, and that claims against the private correctional corporation are barred under Correctional Services Corp. v. Malesko.

Holdings

1. The report recommends treating Burk's constitutional claims against Padilla and the individual defendants as Bivens claims because Burk was a federal detainee housed in a privately operated facility under contract with the federal government and his pleadings characterized the defendants as federal actors.
2. The report recommends dismissing Burk's Bivens claims against Padilla and the individual defendants because his claims arose in new Bivens contexts and existing state-law remedies and other considerations counseled against extending Bivens.
3. The report recommends dismissing Burk's Bivens claims against LaSalle because Bivens does not extend to private corporate entities.
4. The report recommends declining supplemental jurisdiction over Burk's remaining negligence and malpractice claims if the federal civil-rights claims are dismissed.
5. The report recommends denying leave to amend because Burk had already pleaded his best case through his complaint, questionnaire responses, and more definite statements.

Questions Presented

1. Whether Burk's constitutional claims against Padilla and the individual defendants should be analyzed under Bivens rather than 42 U.S.C. § 1983.
2. Whether Bivens provides a cause of action for a federal pretrial detainee's excessive-force, medical-care, missed-meal, mail, access-to-courts, and failure-to-report claims against employees of a privately operated detention facility.
3. Whether Burk may pursue Bivens claims against LaSalle Corrections V, LLC.
4. Whether any remaining state-law claims should be dismissed through declining supplemental jurisdiction.
5. Whether Burk should receive leave to amend.

Disposition

other