Opinion
23-3204-JWL
11-08-2023
WAYNE HUNT, Plaintiff, v. CORE CIVIC REBRANDS, Correction Corporation of America, Defendant.
MEMORANDUM AND ORDER
JOHN W. LUNGSTRUM, UNITED STATES DISTRICT JUDGE
This matter is a civil rights action filed under 28 U.S.C. § 1331 and Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971). Plaintiff proceeds pro se and in forma pauperis. Plaintiff was previously detained at CoreCivic Leavenworth Detention Center in Leavenworth, Kansas (“CoreCivic”). Plaintiff brings a claim for deliberate indifference to his serious medical needs after he fell and sustained injury at CoreCivic.
The Court entered a memorandum and order to show cause (“MOSC”) (Doc. 6) directing Plaintiff to show cause by October 18, 2023, why this matter should not be dismissed due to the deficiencies set forth. Upon Plaintiff's motion, the deadline was extended to November 1, 2023.
Plaintiff has filed a Response (Doc. 9) to the MOSC. Plaintiff states that he agrees with the MOSC that a Bivens remedy is not available to a prisoner seeking damages from the employees of a private prison for violation of the prisoner's Eighth Amendment rights. See Minneci v. Pollard, 565 U.S. 118, 120-21 (2012) (refusing to imply the existence of a Bivens action where state tort law authorizes alternate action providing deterrence and compensation); see also Corr. Servs. Corp. v. Malesko, 534 U.S. 61, 71-73 (2001) (holding that Bivens action does not lie against a private corporation operating a halfway house under contract with the Bureau of Prisons). He further states that he plans to file an action in state court for negligence or other misconduct.
Consequently, for the reasons explained in the MOSC, Plaintiff's complaint is dismissed under 28 U.S.C. § 1915A(b) for failure to state a claim upon which relief may be granted.
IT IS THEREFORE ORDERED that this action is dismissed for failure to state a claim upon which relief may be granted.
IT IS SO ORDERED.