United States District Court, D. Kansas
AARON R. STANLEY, Plaintiff,
COL. ERIC R. BELCHER, et al., Defendants.
MEMORANDUM AND ORDER
SAM A. CROW, Senior District Judge.
This matter is a Bivens -type civil rights action filed pro se by a plaintiff alleging violations of his federal constitutional rights during his incarceration at the United States Disciplinary Barracks, Fort Leavenworth, Kansas (USDB).
Defendants have filed a motion to dismiss (Doc. 16). For the reasons stated herein, the court grants the motion.
This matter arises from an incident at the USDB in August 2010 that began with plaintiff's attack on a correctional specialist.
Plaintiff took the officer's keys, and, aided by other inmates, released ten more maximum security inmates. The specialist was locked in a shower stall.
Other staff members soon ordered the inmates to release the specialist and return to their cells. The inmates refused to follow that order and instead, attempted to disable the video security system, broke furniture and other items to use as weapons, and flooded the housing unit. Two of the inmates removed the specialist from the shower stall and attacked him before locking him in again.
Apparently expecting the arrival of a response team, plaintiff and other inmates covered their faces with clothing, barricaded the doors to the unit, and obscured views into the area and the shower stall where the specialist was held.
The facility assembled a response team to force an entry into the housing area. Before deploying that team, defendant Belcher ordered the inmates to return to their cells and offered to meet with them individually in their cells. They refused to comply. Defendant Belcher repeated the order, and after the inmates again refused to comply, he ordered the response team to execute the response plan, which began with the use of pepper spray. The barricades erected by the inmates rendered this effort unsuccessful, and the team then elevated its response to the use of non-lethal rubber pellets. After five team members fired the pellets through openings near the main access door, the remaining team member breached the door, pressed through the barricades, and continued firing upon non-compliant prisoners. Approximately six of the prisoners, including the plaintiff, refused to retreat and continued to resist the team members. As a result, the team fired a second volley of pellets and eventually subdued all of the resisting inmates.
The team placed the inmates in flexible restraints, removed the specialist from the shower and escorted him to a medical station, and placed the inmates in a triage area for examination of their status.
There is no information that identifies any physical injury to the plaintiff.
Following the incident, plaintiff immediately was placed on "intractable" status. He remained in that status for three days, when he was transferred to administrative segregation pending investigation. He was convicted by a court-martial in November 2011, and also was subjected to an administrative Discipline and Adjustment (D&A) Board for his involvement in the incident. He was housed at the USDB as a maximum security inmate until September 2012, when he was elevated to medium security. He was discharged from the U.S. Army on March 22, 2013, and in May 2013, he was transferred to the custody of the federal Bureau of Prisons.
The motion to dismiss
Defendants move for dismissal pursuant to Fed.R.Civ.P. 12(b)(1), which allows a court to dismiss a complaint for "lack of subject matter jurisdiction". Such a dismissal is not an adjudication on the merits of the action, but rather a determination that the court has no authority to adjudicate the matter. See Castaneda v. INS, 23 F.3d 1576, 1580 (10th Cir. 1994)(the federal courts are courts of limited jurisdiction and may only exercise jurisdiction where they are authorized to do so). A Rule 12(b)(1) motion is "determined from the allegations of fact in the complaint, without regard to mere [conclusory] allegations of jurisdiction." Groundhog v. Keeler, 442 F.2d 674, ...