From Casetext: Smarter Legal Research

Waddell v. Massanari

United States District Court, S.D. Alabama, Southern Division
May 4, 2001
Civil Action No. 99-578-CB-M (S.D. Ala. May. 4, 2001)

Opinion

Civil Action No. 99-578-CB-M

May 4, 2001


FINAL JUDGMENT


Pursuant to separate orders entered this date and on the January 22, 2001, granting defendant's motion to dismiss and supplemental motion to dismiss, it is hereby ORDERED, ADJUDGED and DECREED that the claims of the plaintiffs, Steven B. Waddell and Gloria Dixon, against the defendant Larry G. Massanari, Acting Commissioner of Social Security, be and hereby are DISMISSED with prejudice.

ORDER

This matter is before the Court on defendant's supplemental motion to dismiss and plaintiffs response thereto. (Docs. 55 60) After considering the issues raised in light of the applicable law, the Court finds that the motion is due to be granted.

Along with his response, defendant filed a motion for extension of time (Doc. 59) because his response was filed several days after it was due. The motion for extension of time is hereby GRANTED and defendant's response to the supplemental motion is considered to be timely filed.

Background

In its order dated January 22, 2001, the Court granted the government's motion to dismiss as to all claims except plaintiff Steven Waddell's purported Bivens action because the defendant's motion did not specifically address such a claim with respect to Waddell. In his complaint, Waddell asserts that the defendant, the Commissioner of Social Security, has deprived him of life, liberty and/or property without due process of law. According to the complaint, plaintiffs claim arises from the decision of a local Social Security Administration Administrative Law Judge ("ALJ") to deny Waddell, who is a non-attorney representative of social security claimants, entry into the local Office of Hearing and Appeals ("OHA"). Plaintiff has demanded both injunctive relief and damages. The ALJ rescinded his decision subsequent to the initiation of this action, so Waddell once again has access to the OHA. Therefore, the claim for injunctive relief has been rendered moot. The only issue remaining is whether plaintiff has stated a claim for damages.

Legal Analysis

The defendant argues that the plaintiff does not have a Bivens cause of action against the him because plaintiff has sued the defendant only in his official capacity. In Bivens v. Six Unknown Named Agents, 403 U.S. 388 (1971), the Supreme Court held that a federal official sued in his individual capacity for violation of a plaintiffs constitutional rights may be liable for money damages. Concluding his lengthy argument that does not actually address the issue raised by the defendant, plaintiff concludes that the defendant should be held liable because "[t]here is nothing official in violating the law."

"[T]he difference between an official capacity suit and an individual capacity suit is a big difference[,]" and the plaintiff has the burden of putting a defendant on notice that the lawsuit is about his personal liability. Colvin v. McDougall, 62 F.3d 1316, 1318 (11th Cir. 1995). When a complaint fails to designate whether a defendant is sued in his individual or official capacity, the Court looks to all of the circumstances of the litigation to determine whether the defendant should have been put on notice that he has been sued in his individual capacity. Id. In this case, there is no indication that plaintiff has ever intended anything but an official capacity suit. First, plaintiff named Donna Shalala, the then-Secretary of Health and Human Services, as the defendant. Without objection from the plaintiff, Kenneth Apfel, Commissioner of Social Security, was substituted as the proper defendant. On April 3, 2001, Larry G. Massanari, Acting Commissioner of Social Security, was substituted as the named defendant. This substitution was explicitly made pursuant to Rule 25(d)(1) of the Federal Rules of Civil Procedure which states:

When a public officer is a party to an action in his official capacity and during its pendency . . . ceases to hold office, the officer's successor is automatically substituted as a party.

Plaintiff filed no objection to the substitution of Massanari as the named defendant. That plaintiff did not intend to assert a personal capacity suit is further underscored by her failure to allege any specific action by any named defendant that violated his constitutional due process rights. Instead, the acts about which plaintiff complains were committed by individuals who were not named as defendants.

In conclusion, because Waddell has sued the Commissioner of Social Security in his official capacity, he cannot maintain a cause of action for money damages against the Commissioner under Bivens. Accordingly, the motion to dismiss is due to be and hereby is GRANTED.


Summaries of

Waddell v. Massanari

United States District Court, S.D. Alabama, Southern Division
May 4, 2001
Civil Action No. 99-578-CB-M (S.D. Ala. May. 4, 2001)
Case details for

Waddell v. Massanari

Case Details

Full title:STEVEN B. WADDELL, Plaintiff, v. LARRY G. MASSANARI, Acting Commissioner…

Court:United States District Court, S.D. Alabama, Southern Division

Date published: May 4, 2001

Citations

Civil Action No. 99-578-CB-M (S.D. Ala. May. 4, 2001)