Lukeen Gerald v. Captain Bowls, et al.

Summary

The United States District Court for the Western District of Virginia granted federal prison officials’ motion to dismiss an incarcerated plaintiff’s Bivens claims alleging excessive force during a seizure. The court held that the plaintiff’s Eighth Amendment excessive-force claims presented a new Bivens context and were not cognizable in light of Supreme Court precedent. The action was dismissed in its entirety under Federal Rule of Civil Procedure 12(b)(6).

Holdings

1. A federal prisoner's claim for damages alleging excessive force by federal corrections officers under the Eighth Amendment presents a new Bivens context, and special factors—including congressional action concerning prisoner litigation, the systemic consequences of judicially extending Bivens, and the availability of an alternative remedial structure—foreclose recognizing a Bivens remedy.
2. The court was not required to convert defendants' Rule 12(b)(6) motion into a Rule 56 motion because it resolved the case under Rule 12(b)(6) without relying on defendants' materials concerning exhaustion.

Questions Presented

1. Whether Gerald's allegations of excessive force by federal corrections employees stated a cognizable damages claim under Bivens.
2. Whether the claims should be dismissed under Rule 12(b)(6) because the Supreme Court has not recognized, and has foreclosed recognizing, a Bivens remedy for an Eighth Amendment excessive-force claim brought by a federal prisoner.
3. Whether the court should convert defendants' Rule 12(b)(6) motion into a Rule 56 summary-judgment motion based on materials outside the pleadings concerning administrative exhaustion.

Disposition

dismissed