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White v. USA

United States District Court, S.D. Illinois

June 18, 2019

WILLIAM A. WHITE, #13888-084, Plaintiff,
v.
USA, Defendant.

          MEMORANDUM AND ORDER

          J. PHIL GILBERT UNITED STATES DISTRICT JUDGE

         Plaintiff William A. White is an inmate in the custody of the Federal Bureau of Prisons (BOP) and currently incarcerated at the United States Penitentiary located in Marion, Illinois (USP-Marion). On March 5, 2019, Plaintiff, represented by counsel, filed an Amended Complaint (Doc. 14) against the United States pursuant to the Federal Tort Claims Act, 28 U.S.C. § 1346. Plaintiff's FTCA claims arise from the negligent spoliation of evidence, denial of medical care, and infliction of emotional distress by officials at three BOP facilities. (Id.).

         The Amended Complaint[1] is subject to preliminary review under 28 U.S.C. § 1915A. Section 1915A requires the Court to screen prisoner Complaints to filter out non-meritorious claims. 28 U.S.C. § 1915A(a). Any portion of the Amended Complaint that is legally frivolous or malicious, fails to state a claim for relief, or requests money damages from an immune defendant must be dismissed. 28 U.S.C. § 1915A(b). At this juncture, the factual allegations are liberally construed. Rodriguez v. Plymouth Ambulance Serv., 577 F.3d 816, 821 (7th Cir. 2009).

         Amended Complaint

         According to the allegations set forth in the Amended Complaint (Doc. 14, pp. 1-34), Plaintiff has been an inmate in the custody of the BOP or United States Marshal Service (USMS) since October 2008.[2] He has been housed at numerous BOP facilities during this time period. Throughout his incarceration, Plaintiff has been subjected to the use of restricted environmental stimuli (RES) and conditions of confinement that amount to torture. He has also been denied medical care and mental health treatment. (Id.).

         Plaintiff filed at least two other FTCA cases in this District to address similar claims. See White v. United States, No. 16-cv-0968-JPG (S.D. Ill. 2016) (“2016 case”); White v. United States, No. 17-cv-00683-JPG-MAB (S.D. Ill. 2017) (“2017 case”). The 2016 case was dismissed, and the 2017 case remains pending. In the instant case, Plaintiff complains that BOP officials did not preserve evidence necessary for Plaintiff to prevail on his claims in the 2016 case, 2017 case, and/or a third case.[3] He also claims that BOP officials have denied him medical care and inflicted emotional distress at the Metropolitan Corrections Center in Chicago, Illinois (MCC-Chicago), Federal Correctional Institution in Beckley, West Virginia (FCI-Beckley), and United States Penitentiary in Marion, Illinois (USP-Marion). He brings the following claims in this action:

Count 1: FTCA claim arising under Illinois law for the negligent spoliation of evidence (i.e., records requested in Plaintiff's 2013 and 2016 Freedom of Information Act request) by officials at MCC-Chicago.
Count 2: FTCA claim arising under Illinois law for the negligent spoliation of evidence (i.e., incident reports) by officials at USP-Marion.
Count 3: FTCA claim arising under West Virginia law for medical negligence that occurred at FCI-Beckley from September 2010 through December 9, 2010.
Count 4: FTCA claim arising under West Virginia law for the negligent infliction of emotional distress that occurred at FCI-Beckley from September 2010 through December 9, 2010.
Count 5: FTCA claim arising under Illinois law for medical negligence that occurred during Plaintiff's incarceration at MCC-Chicago from December 17, 2010 through April 20, 2011.
Count 6: FTCA claim arising under Illinois law for the negligent infliction of emotional distress by officials at MCC-Chicago from December 17, 2010 through April 20, 2011.
Count 7: FTCA claim arising under Illinois law for medical negligence that occurred during Plaintiff's incarceration at USP-Marion beginning on June 28, 2016.
Count 8: FTCA claim arising under Illinois law for the negligent infliction of emotional distress by officials at USP-Marion beginning on June 28, 2016.

         Any other claim that is mentioned in the Amended Complaint but not addressed herein is considered dismissed without ...


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