DORSEY v. BURNS
1:22-cv-00431
| D.N.J. | Nov 12, 2024Background
- Robert S. Dorsey, a former federal inmate at FCI Fort Dix, sued the United States and the Federal Bureau of Prisons (BOP) under the Federal Tort Claims Act (FTCA).
- Dorsey alleged that, during his incarceration (2019-2021), he was exposed to unsafe drinking water contaminated with PFOS and PFOA and that BOP staff misrepresented the water as safe.
- The complaint cited alleged non-compliance with federal and state Safe Drinking Water Acts and claimed physical injury from toxic exposure.
- The government moved to dismiss under Fed. R. Civ. P. 12(b)(1), arguing lack of subject matter jurisdiction, and provided official water quality reports stating the water met all standards.
- The motion was unopposed; the court ruled on the government's motion to dismiss based on the briefs and public records.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether BOP and the U.S. are liable for misrepresenting the safety of the water under FTCA | BOP staff misled inmates by claiming the water was safe | The FTCA excludes misrepresentation claims from jurisdiction | Misrepresentation claim barred by FTCA exception |
| Whether BOP failed its duty to provide safe drinking water under FTCA negligence | Water was contaminated and unsafe, causing harm | Water reports show compliance with all regulations | Dismissed; factual evidence shows compliance and no breach |
| Whether BOP is a proper FTCA defendant | BOP as named defendant | Only U.S. is proper defendant under FTCA | Claims vs. BOP dismissed with prejudice |
| Whether court has subject-matter jurisdiction over FTCA claims | Satisfied jurisdiction prerequisites | Claims do not meet FTCA requirements (due to exceptions/compliance) | Dismissed for lack of subject-matter jurisdiction |
Key Cases Cited
- CNA v. United States, 535 F.3d 132 (3d Cir. 2008) (discussing FTCA scope, jurisdictional standards, and factual attacks)
- United States v. Neustadt, 366 U.S. 696 (1961) (interprets FTCA misrepresentation exception)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007) (motion to dismiss standard for plausibility of claims)
- Beneficial Consumer Disc. Co. v. Poltonowicz, 47 F.3d 91 (3d Cir. 1995) (misrepresentation exception under FTCA)