These claims fail at the starting gate, however, because the PREA provides no private cause of action. See Hatcher v. Harrington, 2015 WL 474313, at *4 (D. Haw. Feb. 5, 2015) ("Nothing in the PREA explicitly or implicitly suggests that Congress intended to create a private right of action for inmates to sue prison officials for noncompliance with the Act."); Collen v. Yamaoka, 2015 WL 793085, at *2-4 (D. Haw. Feb. 25, 2015) (same). Kealoha's claims against Galarsa, Shelley Harrington, and Scott Harrington based on the processing of his PREA complaints are DISMISSED with prejudice.
PREA does not endow litigants with any private cause of action or rights to enforce. See Collen v. Yamaoka, 2015 WL 793085 (D. Haw. Feb. 25, 2015). --------
Amaker v. Fischer, 2014 WL 4772202, at *14 (W.D.N.Y. Sept. 24, 2014). See AlsoKrieg v. Steele, 599 F. App'x 231, 232 (5th Cir.2015) (citing cases); Collen v. Yamaoka, No. CIV. 14-00577 SOM, 2015 WL 793085, at *3 (D. Haw. Feb. 25, 2015) (citing cases); Porter v. Jennings, 2012 WL 1434986, at *1 (E.D.Cal. Apr. 25, 2012) (citing cases). PREA does not create a private cause of action and allowing Plaintiff to amend the Complaint to add such a claim would be futile.
However, federal courts have consistently found that the language of that statute gives rise to no private right of action. See Ross v. Gossett, 2016 WL 335991, at *4 (S.D. Ill. 2016) (surveying cases and holding that PREA does not include a privation right of action) (citing Amaker v. Fischer, 2014 WL 4772202, at *14 (W.D.N.Y. Sept. 24, 2014); Krieg v. Steele, 599 F. App'x 231, 232 (5th Cir. 2015) (citing cases); Collen v. Yamaoka, 2015 WL 793085, at *3 (D. Haw. Feb. 25, 2015) (citing cases); Porter v. Jennings, 2012 WL 1434986, at *1 (E.D. Cal. Apr. 25, 2012) (citing cases)). See also Amaya v. Butler, 2017 WL 2255607, at *5 (S.D. Ill. May 23, 2017) (same); Ephrain v. Gossett, 2016 WL 3390659, at *5 (C.D. Ill. June 17, 2016) (same).
However, federal courts have consistently found that the language of the statute gives rise to no private right of action. See Ross v. Gossett, 2016 WL 335991, at *4 (S.D. Ill. 2016) (surveying cases and holding that PREA does not include a privation right of action) (citing Amaker v. Fischer, 2014 WL 4772202, at *14 (W.D.N.Y. Sept. 24, 2014); Krieg v. Steele, 599 F. App'x 231, 232 (5th Cir. 2015) (citing cases); Collen v. Yamaoka, 2015 WL 793085, at *3 (D. Haw. Feb. 25, 2015) (citing cases); Porter v. Jennings, 2012 WL 1434986, at *1 (E.D. Cal. Apr. 25, 2012) (citing cases)). See also Amaya v. Butler, 2017 WL 2255607, at *5 (S.D. Ill. May 23, 2017) (same); Ephrain v. Gossett, 2016 WL 3390659, at *5 (C.D. Ill. June 17, 2016) (same).
Amaker v. Fischer, 2014 WL 4772202, at *14 (W.D.N.Y. Sept. 24, 2014). See Also Krieg v. Steele, 599 Fed.Appx. 231, 232 (5th Cir.2015) (citing cases); Collen v. Yamaoka, No. CIV. 14-00577 SOM, 2015 WL 793085, at *3 (D. Haw. Feb. 25, 2015) (citing cases); Porter v. Jennings, 2012 WL 1434986, at *1 (E.D.Cal. Apr. 25, 2012) (citing cases).Id. at 8.
Amaker v. Fischer, 2014 WL 4772202, at *14 (W.D.N.Y. Sept. 24, 2014). See Also Krieg v. Steele, 599 Fed.Appx. 231, 232 (5th Cir.2015) (citing cases); Collen v. Yamaoka, No. CIV. 14-00577 SOM, 2015 WL 793085, at *3 (D. Haw. Feb. 25, 2015) (citing cases); Porter v. Jennings, 2012 WL 1434986, at *1 (E.D.Cal. Apr. 25, 2012) (citing cases).Id. at 8.
Amaker v. Fischer, 2014 WL 4772202, at *14 (W.D.N.Y. Sept. 24, 2014). See Also Krieg v. Steele, 599 F. App'x 231, 232 (5th Cir.2015) (citing cases); Collen v. Yamaoka, No. CIV. 14-00577 SOM, 2015 WL 793085, at *3 (D. Haw. Feb. 25, 2015) (citing cases); Porter v. Jennings, 2012 WL 1434986, at *1 (E.D.Cal. Apr. 25, 2012) (citing cases). This Court has likewise previously determined that the act does not contain a private right of action.
Amaker v. Fischer, 2014 WL 4772202, at *14 (W.D.N.Y. Sept. 24, 2014). See Also Krieg v. Steele, 599 F. App'x 231, 232 (5th Cir.2015) (citing cases); Collen v. Yamaoka, No. CIV. 14-00577 SOM, 2015 WL 793085, at *3 (D. Haw. Feb. 25, 2015) (citing cases); Porter v. Jennings, 2012 WL 1434986, at *1 (E.D.Cal. Apr. 25, 2012) (citing cases).Id. at 8.
Amaker v. Fischer, 2014 WL 4772202, at *14 (W.D.N.Y. Sept. 24, 2014). See Also Krieg v. Steele, 599 F. App'x 231, 232 (5th Cir.2015) (citing cases); Collen v. Yamaoka, No. CIV. 14-00577 SOM, 2015 WL 793085, at *3 (D. Haw. Feb. 25, 2015) (citing cases); Porter v. Jennings, 2012 WL 1434986, at *1 (E.D.Cal. Apr. 25, 2012) (citing cases). Adopting that same reasoning here, the Court finds that the PREA does not create a private cause of action.