Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Buechel v. United States

July 9, 2008

JOSEPH W. BUECHEL, PLAINTIFF,
v.
UNITED STATES OF AMERICA, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Gilbert, District Judge

MEMORANDUM AND ORDER

Plaintiff, an inmate at USP-Hazelton, brings this pursuant to the Federal Tort Claims Act (FTCA), 28 U.S.C. § 2671, et seq. Plaintiff seeks damagesfor alleged medical practice and negligence. This case is now before the Court for a preliminary review of the complaint pursuant to 28 U.S.C. § 1915A, which provides:

(a) Screening.-- The court shall review, before docketing, if feasible or, in any event, as soon as practicable after docketing, a complaint in a civil action in which a prisoner seeks redress from a governmental entity or officer or employee of a governmental entity.

(b) Grounds for Dismissal.-- On review, the court shall identify cognizable claims or dismiss the complaint, or any portion of the complaint, if the complaint--

(1) is frivolous, malicious, or fails to state a claim on which relief may be granted; or

(2) seeks monetary relief from a defendant who is immune from such relief.

28 U.S.C. § 1915A. An action or claim is frivolous if "it lacks an arguable basis either in law or in fact." Neitzke v. Williams, 490 U.S. 319, 325 (1989). An action fails to state a claim upon which relief can be granted if it does not plead "enough facts to state a claim to relief that is plausible on its face." Bell Atlantic Corp. v. Twombly, 127 S.Ct. 1955, 1974 (2007).

THE COMPLAINT

Briefly, while confined at FCI-Greenville, Plaintiff alleges that he contracted a severe staphylococcus infection due to negligent and improper sterilization and hygiene practices in the prison laundry where he works. Plaintiff further claims that his infection was made worse through negligent diagnosis and treatment. As a result, Plaintiff spent three weeks in a hospital.

DISCUSSION

Upon careful review of the complaint, the Court finds that Plaintiff's claims against the United States of America should not be dismissed at this point in the litigation. The United States is the proper defendant in a FTCA action. See 28 U.S.C. § 2679(b).

Plaintiff's claims against the Bureau of Prisons, however, should be dismissed pursuant to 28 U.S.C. § 1915A. The Bureau of Prisons, as a federal agency, is not amenable to suit. See FDIC v. Meyer, 510 U.S. 471, 483-486 (1994).

DISPOSITION

IT IS HEREBY ORDERED that the Bureau of Prisons is DISMISSED from the ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.