McCain v. Drew
0:12-cv-02168
D.S.C.Oct 24, 2012Background
- McCain, a self-represented federal prisoner, sues FCI Bennettsville staff for a July 1, 2011 work‑related burn on his right arm.
- Plaintiff seeks monetary damages under the FTCA for negligence arising from his prison job in the food service department.
- Initial review showed his FTCA claim may be barred for nonexhaustion of administrative remedies under 28 U.S.C. § 2675(a).
- A magistrate judge recommended dismissal without prejudice for lack of exhaustion; Judge Anderson initially adopted and later granted reconsideration after finding exhaustion occurred.
- Court ultimately concludes the FTCA does not apply and the exclusive remedy is the IACA, which governs injuries arising from inmate work and forecloses FTCA/Bivens relief in this context.
- Court recommends summarily dismissing the complaint without prejudice as the IACA provides the sole remedy.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| FTCA versus IACA applicability to a work injury | McCain seeks FTCA relief for the injury | IACA is the exclusive remedy for inmate work injuries | IACA exclusive; FTCA not applicable |
| Whether a Bivens claim can lie for a work‑related injury | Possible Bivens claim for deliberate indifference | Negligence does not state a Bivens claim; high standard required | No cognizable Bivens claim stated; IACA governs and fails to allege deliberate indifference |
| Relevance of FTCA exhaustion in this case | Exhaustion occurred; FTCA should permit suit | FTCA not applicable to work injury; exhaustion not dispositive | Exhaustion deemed irrelevant where IACA applies |
Key Cases Cited
- Estelle v. Gamble, 429 U.S. 97 (1976) (deliberate indifference standard; medical care deprivation not merely negligent)
- Farmer v. Brennan, 511 U.S. 825 (1994) (deliberate indifference requires more than negligence; high standard)
- Daniels v. Williams, 474 U.S. 327 (1986) (negligence generally not actionable under § 1983/Bivens)
- Ruefly v. Landon, 825 F.2d 792 (4th Cir. 1987) (deliberate indifference standard for risk of harm; must show wanton disregard)
- Pink v. Lester, 52 F.3d 73 (4th Cir. 1995) (negligence alone not actionable under § 1983)