813 F. Supp. 2d 1238
D. Colo.2011Background
- McMillan, an inmate at ADX Florence, brings three Bivens claims against multiple ADX and BOP officials.
- He alleges conditions of confinement in ADX general population units amount to due process and Eighth Amendment violations and that defendants conspired to violate his rights.
- Plaintiff filed a Second Amended Complaint (Feb. 8, 2010); Defendants moved for judgment on the pleadings (Feb. 23, 2011); Plaintiff sought leave to amend (May 11, 2011).
- Magistrate Judge Mix recommended denying the motion to amend; the district court later granted the motions and denied amendment.
- The court dismisses all claims with prejudice for failure to state a claim or lack of jurisdiction; APA claim dismissed for lack of jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Official-capacity damages barred by sovereign immunity | McMillan seeks money damages from officials in their official capacities | Official-capacity damages are barred by sovereign immunity | Official-capacity monetary claims dismissed for lack of jurisdiction. |
| Personal jurisdiction over Lappin and Nalley | McMillan contends Colorado has jurisdiction over Lappin and Nalley | No minimum contacts with Colorado; moves to dismiss | Lappin and Nalley dismissed for lack of personal jurisdiction. |
| Fifth Amendment due process (Bivens) for ADX confinement | Confinement in ADX deprives liberty interest; Due Process required | No liberty interest or due process violation; qualified immunity applicable | Fifth Amendment claim dismissed; qualified immunity upheld. |
| Eighth Amendment conditions of confinement at ADX | Conditions at ADX are cruel and unusual | Conditions are harsh but not a constitutional violation; not objectively extreme | Eighth Amendment claim dismissed; qualified immunity applied. |
Key Cases Cited
- Ashcroft v. Iqbal, 556 U.S. 662 (U.S. 2009) (plausibility standard for pleading; not mere conclusory statements)
- Farmer v. Brennan, 511 U.S. 825 (U.S. 1994) (deliberate indifference standard for Eighth Amendment)
- Wilkinson v. Austin, 545 U.S. 209 (U.S. 2005) (liberty interests in prison conditions require atypical, significant hardship)
- DiMarco v. Wyoming Dept. of Corrections, 473 F.3d 1334 (10th Cir. 2007) (factors for atypical and significant hardship in confinement)