4:19-cv-00159
W.D. Mo.Aug 22, 2019Background
- Plaintiffs Heather L. Fambrough and William L. Fambrough filed a pro se Bivens-form complaint alleging violations of the First, Fourth, Fifth, and Sixth Amendments against federal Social Security officials.
- The complaint names Kent Schroeder (Customer Service Representative) and Bruce McKimens (OIG Special Agent) in their official capacities only.
- Plaintiffs allege the Social Security Administration refused an appeal hearing, conducted an illegal search and seizure, and deprived Heather Fambrough of life, liberty, and property without due process; they also allege defendants made false statements that escalated government action.
- Schroeder and McKimens moved to dismiss for lack of jurisdiction and failure to state a claim, arguing sovereign immunity bars Bivens claims against officials sued in their official capacities.
- The Fambroughs did not oppose the motion.
- The court granted the motion and dismissed the complaint without prejudice, concluding official-capacity Bivens claims are barred by sovereign immunity and treated as suits against the federal government.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Bivens relief is available against officials sued in their official capacities | Plaintiffs assert constitutional violations by federal officials (Bivens remedy) | Schroeder & McKimens contend official-capacity Bivens claims are barred by sovereign immunity because such suits are effectively against the federal government | Court: Dismissed official-capacity Bivens claims for lack of jurisdiction (sovereign immunity) |
| Whether court should consider individual-capacity Bivens claims where complaint names only official capacities | Plaintiffs did not explicitly seek individual-capacity relief on the form complaint | Defendants argued even individual-capacity claims would fail on the merits (but sought dismissal based on official-capacity labeling) | Court: Declined to address individual-capacity claim viability because plaintiffs named defendants only in official capacities |
Key Cases Cited
- Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (recognizing implied damages remedy against individual federal officers for constitutional violations)
- Mehrkens v. Blank, 556 F.3d 865 (8th Cir. 2009) (discussing scope of Bivens remedies for certain constitutional claims)
- Carlson v. Green, 446 U.S. 14 (describing Bivens as a remedy against individual officials and noting its deterrent effect)
- Kentucky v. Graham, 473 U.S. 159 (official-capacity suits are treated as suits against the entity/government)
- Buford v. Runyon, 160 F.3d 1199 (8th Cir. 1998) (Bivens actions cannot be prosecuted against the United States or its agencies due to sovereign immunity)