Cavness v. United States
3:16-cv-05288
| N.D. Cal. | Nov 18, 2016Background
- Plaintiff Donald Eugene Cavness, a San Quentin inmate, sued the United States and others seeking damages under Bivens and the FTCA after a recent copy of his birth certificate listed his parents’ race as “Negro,” which he contends effects a "denationalization" and deprivation of his constitutional rights.
- He named the United States and President Obama among defendants; complaint seeks money damages.
- The case proceeded to preliminary screening under 28 U.S.C. § 1915A for prisoner civil actions.
- Court considered whether Bivens provides a damages remedy against the United States or the President for plaintiff’s claimed denationalization injury.
- Court also considered whether the FTCA waives sovereign immunity for the asserted claim or otherwise permits damages.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Availability of Bivens remedy against the United States for denationalization claim | Cavness contends the constitutional injury permits a Bivens action against the United States for damages | The United States asserts sovereign immunity bars Bivens damages claims against the United States itself | Dismissed: Bivens damages available only against individual federal officials, not the United States; sovereign immunity bars this claim |
| Bivens claim against the President in his individual capacity | Cavness named the President seeking damages for the alleged constitutional deprivation | Defendants note lack of personal involvement by the President in the alleged acts | Dismissed: No personal involvement shown; Bivens cannot be maintained against the President on these facts |
| FTCA waiver of sovereign immunity for denationalization claim | Cavness contends FTCA permits damages for the wrongful acts underlying his claim | Government argues FTCA waives immunity only for torts where a private person would be liable under local law, and not for constitutional denationalization claims or pre-1945 historical acts | Dismissed: Claim falls outside FTCA scope—would not make a private person liable in tort and arises from pre-1945 constitutional/founding-era actions |
Key Cases Cited
- Bivens v. Six Unknown Fed. Narcotics Agents, 403 U.S. 388 (1971) (established implied damages action for certain constitutional violations against federal officers)
- Kreines v. United States, 33 F.3d 1105 (9th Cir. 1994) (Bivens remedy exists only against individual officials, not the United States)
- Thomas‑Lazear v. FBI, 851 F.2d 1202 (9th Cir. 1988) (Bivens liability limited to individuals, not the sovereign)
- Daly‑Murphy v. Winston, 837 F.2d 348 (9th Cir. 1988) (Bivens actions available only in officials' individual capacities, not official-capacity suits)
- United States v. Olson, 546 U.S. 43 (2005) (FTCA waiver applies only where a private person would be liable under local law)
- Cato v. United States, 70 F.3d 1103 (9th Cir. 1995) (claims arising from pre‑1945 historical acts, e.g., slavery-era conduct, fall outside FTCA scope)
- Balistreri v. Pacifica Police Dep’t, 901 F.2d 696 (9th Cir. 1990) (pro se pleadings must be liberally construed)