Davis v. Bureau of Prisons
2013 U.S. Dist. LEXIS 66786
| D.D.C. | 2013Background
- Davis, a plaintiff, sues the United States under the FTCA for personal injuries allegedly caused by BOP negligence related to his incarceration in MDOC.
- Plaintiff alleges that his transfer to MDOC placed him among gang members and led to a stabbing on October 30, 2011 at Mississippi State Penitentiary.
- He claims BOP failed to inform MDOC of his cooperation/testimony, contributing to the stabbing and related harms.
- Defendant moves to dismiss under Rule 12(b)(1) for lack of subject matter jurisdiction due to failure to exhaust administrative remedies.
- Plaintiff contends he filed an FTCA claim on November 3, 2011 with the BOP and sent copies to several BOP offices; later letters were mailed, including one to the Director.
- The court holds that the FTCA's administrative-exhaustion requirement was not satisfied because the BOP did not necessarily receive a claim, and informal communications do not suffice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether plaintiff exhausted FTCA administrative remedies. | Davis filed a timely FTCA claim with the BOP on 11/3/2011. | Plaintiff failed to establish that the BOP actually received the claim. | Lack of exhaustion; court lacks jurisdiction. |
| Whether mailing a claim or informal correspondence satisfies exhaustion. | Letters and notices show attempts to exhaust. | Mailing/informal letters do not prove actual receipt or proper FTCA exhaustion. | Mailing alone insufficient; agency must receive claim. |
| Whether the presence of other, unrelated administrative claims affects exhaustion. | Plaintiff filed two administrative claims during custody. | Those claims are not based on the Mississippi incident and do not meet exhaustion for this FTCA claim. | Unrelated administrative claims do not satisfy exhaustion for this claim. |
Key Cases Cited
- Richards v. United States, 369 U.S. 1 (1962) (FTCA waiver and sovereign immunity basics)
- Fed. Deposit Ins. Corp. v. Meyer, 510 U.S. 471 (1994) (sovereign immunity shields absent waiver)
- McNeil v. United States, 508 U.S. 106 (1993) (administrative exhaustion required before suit)
- Benoit v. U.S. Dep't of Agric., 608 F.3d 17 (D.C. Cir. 2010) (exhaustion prerequisite; must exhaust administratively)
- Hammond v. Fed. Bureau of Prisons, 740 F. Supp. 2d 105 (D.D.C. 2010) (dismissing FTCA claim for lack of administrative exhaustion)
- Hurt v. Lappin, 729 F. Supp. 2d 186 (D.D.C. 2010) (premature FTCA claim lacking exhaustion)
- Bailey v. United States, 642 F.2d 344 (9th Cir. 1981) (mailing alone not sufficient to exhaust)
- Crack v. United States, 694 F. Supp. 1244 (E.D. Va. 1988) (must show actual receipt of claim by agency)
- Tanter v. Dep't of the Interior, 432 F. Supp. 2d 58 (D.D.C. 2006) (evidence of no administrative charge; exhaustion not shown)
- Reisman v. Bullard, 14 F. App'x 377 (6th Cir. 2001) (informal inquiries insufficient to satisfy exhaustion)