Dudley v. United States

CHANTEL DUDLEY, Plaintiff, v. UNITED STATES OF AMERICA, Et Al., Defendants.

Civil Action No. 4:19-cv-317-O

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS FORT WORTH DIVISION

February 3, 2020

OPINION and ORDER RESOLVING MOTIONS TO DISMISS

This case was filed by counsel on behalf of Bureau of Prisons ("BOP") inmate/Plaintiff Chantel Dudley asserting claims against former FMC-Carswell Officer Matthew McGaugh, former FMC-Carswell Warden Jody R. Upton, and the United States of America ("USA"). Complaint 1-2, ECF No. 1. Now pending are separate dispositive motions filed by each defendant. USA Mot. Dismiss, ECF No. 15; Upton Mot. Dismiss, ECF No. 16; and McGaugh Request to Dismiss, ECF No. 25. Also before the Court are Plaintiff's responsive briefs to each motion, and a reply filed by the USA and by Upton. Dudley USA Resp., ECF No. 21; Dudley Upton Resp., ECF No. 24; Dudley McHaugh Resp., ECF No. 29; USA Reply, ECF No. 26; Upton Reply, ECF No. 27. After considering the relief sought by Dudley, the record, the briefing and the applicable law, the Court finds that McHaugh's motion to dismiss must be DENIED, and the motions to dismiss filed by USA and Upton must be GRANTED.

I. BACKGROUND

Dudley, a former inmate at FMC-Carswell, was sentenced by the United States District Court for the Eastern District of Tennessee to a 37 month term-of-imprisonment for conspiracy to distribute 28 grams or more of cocaine base, in violation of 21 U.S.C. §§ 846 and 841(b)(1)(B). United States v. Dudley, Judgment, No. 2:16-cr-7-RLJ-MCLC (E.D. Tenn. Aug. 23, 2016), ECF No. 246. In 2016, Dudley was incarcerated in FMC-Carswell. Complaint ¶ 11.

A. McGaugh sexually assaulted Dudley at FMC-Carswell on November 1, 2016.

McGaugh was Dudley's case manager in the mental health unit at FMC-Carswell in 2016. Complaint ¶ 16.¹ On November 1, 2016, Dudley had multiple meetings with McGaugh in his office. During these meetings, McGaugh coerced Dudley into performing certain sexual acts, as detailed in the Complaint. Id. ¶¶ 19-37. After these multiple coerced sexual encounters occurred on November 1, McGaugh forced Dudley to meet him late that same night in a room on the hospital floor of FMC-Carswell. Id. ¶ 39. McGaugh proceeded to sexually assault Dudley again. Id. ¶¶ 40-45.

The next day, Dudley told her psychologist at FMC-Carswell that she wanted to be transferred to another prison because she had been assaulted by a case manager. Complaint ¶¶ 46-50. Dudley alleges that while she did not want to divulge the name of her attacker, Lieutenant Sosa, an FMC-Carswell employee, asked if she was referring to McGaugh. Id. ¶¶51-55. Dudley alleges that Sosa was able to identify McGaugh as her attacker because FMC-Carswell had experienced previous problems with McGaugh. Id. ¶¶ 55-56.

B. The United States investigated and prosecuted McGaugh for sexual assault.

After Dudley identified McGaugh as her attacker, the BOP investigated her allegations and identified McGaugh's DNA on Dudley's person. Complaint ¶ 62. When McGaugh was confronted, he admitted his guilt and, eventually, pled guilty to sexual abuse with a ward in violation of 18 U.S.C. § 2243(b). See United States v. McGaugh, 4:17-cr-105-O (N.D. Tex. Nov. 14, 2017 ). In that criminal case, this Court sentenced McGaugh to 12 months in prison. J. United States v. McGaugh, No. 4:17-cr-105-O, ECF No. 33.

C. The United States transferred Dudley to a new BOP facility.

Dudley alleges that after she identified McGaugh as her abuser, she was harassed by FMC-Carswell staff and other prisoners. Complaint ¶¶ 70-71. In particular, Dudley claims that correctional officers and inmates (though not Upton): destroyed her property, spilled ink pens on her, poured out her laundry soap, took her food, and verbally abused her (by calling her, inter alia, a snitch, a liar, and a whore). Id. ¶¶ 71-77. Dudley asserts that she reported this harassment to Upton, and asked to be transferred to another prison. Id. ¶¶ 78-79. Dudley further claims that Upton refused to take action, though Dudley also acknowledges that she was transferred out of FMC-Carswell within four months of her assault (i.e., in or around February 2017). Id. ¶¶ 80-82.

D. Dudley's Claims

Dudley lists five causes of action in her complaint. Complaint 14-24, ECF No.1 First she alleges claims under Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971) against Defendant McGaugh for excessive force in violation of the Fourth Amendment, and for cruel and unusual punishment under the Eighth Amendment. Id. at 14-16. Next she alleges a Bivens claim against Upton for deliberate indifference to her health and safety under the Eighth Amendment. Id. at 18-19. She further alleges claims against the USA under the Federal Tort Claims Act ("FTCA") for battery based upon the actions of McGaugh, and for negligence in the hiring, training, retention, and supervision of McGaugh. Id. at 20-24.

II. DEFENDANT McGAUGH'S REQUEST/ MOTION TO DISMISS

A. Construction of McGaugh's Motion under Rule 12(b)(2)

Individual Defendant Matthew McGaugh, proceeding pro se, filed a document he entitled "Request/Motion to Dismiss" in which he wrote the following:

I, the Defendant, Matthew Corby McGaugh, request this Dismissal due to Lack of Jurisdiction. The Defendant has residence outside the jurisdiction of the Northern District of Texas, at 6523 Dalton Road, Hensley, Arkansas 72065. Secondly, I amcurrently on Probation under the Federal United States Probation Office in the Eastern District of Arkansas.

McGaugh Request Dismiss 1, ECF No. 25. McGaugh did not further provide any authority or basis for this motion. Plaintiff Dudley interprets McGaugh's motion as a challenge to personal jurisdiction, and thus responded to the motion as if McGaugh raised lack of personal jurisdiction under Federal Rule of Civil Procedure 12(b)(2). Resp. Brief 4-9, ECF No. 29. McGaugh did not file a reply.

B. Application and Analysis under Rule 12(b)(2)

A motion to dismiss for lack of personal jurisdiction permits a nonresident defendant to challenge the court's jurisdiction over the defendant's person or property. Fed R. Civ. P. 12(b)(2). The Due Process Clause of the Fourteenth Amendment protects an individual's liberty interest in not being subject to the binding judgments of a forum with which he has established no meaningful "contacts, ties, or relations." Int'l Shoe Co. v. Washington, 326 U.S. 310, 319 (1945).

Exercising personal jurisdiction over a nonresident defendant is consistent with constitutional due process when "(1) that defendant has purposefully availed himself of the benefits and protections of the forum state by establishing 'minimum contacts' with the forum state; and (2) the exercise of jurisdiction over that defendant does not offend 'traditional notions of fair play and substantial justice.' " Cent. Freight Lines Inc. v. APA Transp. Corp., 322 F.3d 376, 380-81 (5th Cir. 2003). (quoting Mink v. AAAA Development LLC, 190 F.3d 333, 336 (5th Cir.1999) (quoting International Shoe Co. at 316)). Minimum contacts can be established either through contacts sufficient to assert specific jurisdiction, or contacts sufficient to assert general jurisdiction. Id. at 381.

This Court has personal jurisdiction over McGaugh. The fact that McGaugh now lives in Arkansas does not divest this Court of jurisdiction. McGaugh purposefully availed himself of the benefits and protections of the state of Texas when he lived in Texas and worked in Texas. McGaugh was a case manager in the mental health unit at FMC-Carswell and was Dudley's case manager.Complaint 4 ¶16, ECF No. 1. FMC-Carswell is located in Fort Worth, Texas and is within this the Northern District of Texas. Id. at 1. In his capacity as Dudley's case manager at FMC-Carswell, McGaugh took the actions against her in Fort Worth, Texas. And, McGuagh was then convicted of sexual abuse of a ward in violation of 18 U.S.C. § 2243(b) in the Northern District of Texas, Fort Worth division. Id. at 10. Thus, the exercise of jurisdiction over McGaugh does not offend traditional notions of fair play and substantial justice. Cent. Freight Lines Inc. at 380-81. Furthermore, the fact that McGaugh is on federal probation in Arkansas does not relieve him of potential civil liability for the conduct engaged in while in Fort Worth, Texas.

For all of these reasons, the Court finds that it has personal jurisdiction over McGaugh such that his motion to dismiss, construed as filed under Rule 12(b)(2), must be denied. The Court notes that under Rule 12(a)(4), the filing of a motion under [Rule12] alters the time for a defendant to serve a responsive pleading such that "if the court denies the motion . . . the responsive pleading must be served within 14 days after notice of the Court's action." Fed. R. Civ. P. 12(a)(4)(A). As the Court has denied McGaugh's Rule 12(b) motion, he will now be directed to file a responsive pleading within 14 days after his receipt of this order.

III. DEFENDANT UPTON'S MOTION TO DISMISS

Former Warden Jody Upton moves to dismiss Plaintiff Dudley's claims for relief on the basis that: (1) Dudley cannot establish that a Bivens remedy is available for her claim under the Eighth Amendment; and, (2) even if such a claim is available, Dudley fails to state a claim of a violation of a constitutional right that was clearly established at the time, such that he is entitled to qualified immunity. Dudley listed her claims against Upton in both his individual and official capacities. Complaint 1,3; ECF No. 1. To the extent Dudley asserts claims under any federal statute or the Constitution against Upton in his official capacity, those claims are actually claims against the United States. See Kentucky v. Graham, 473 U.S. 159, 165-66 (1985) (explaining that suits against officersin their official capacities are suits against the entity of which the officer is an employee or agent). Any such claims are considered and rejected in the...