Ingram v. Faruque

Decision Date06 September 2013
Docket NumberNo. 11–6341.,11–6341.
Citation728 F.3d 1239
PartiesDelbert INGRAM, Plaintiff–Appellant, v. Hashib D. FARUQUE, M.D.; Yan Feng, M.D.; David Wood, Donna Delise; Kyle Inhofe; Lt. Michael Stevenson; Captain Tim Collins; Department of Veteran Affairs, Defendants–Appellees.
CourtU.S. Court of Appeals — Tenth Circuit

OPINION TEXT STARTS HERE

Eric D. Cotton, The Cotton Law Firm, PLLC, Edmond, OK, for PlaintiffAppellant.

Suzanne Mitchell, Assistant United States Attorney (Sanford C. Coats, United States Attorney, and Laura M. Grimes, Assistant United States Attorney, with her on the brief), Oklahoma City, OK, for DefendantsAppellees.

Before MATHESON, EBEL, and MURPHY, Circuit Judges.

EBEL, Circuit Judge.

INTRODUCTION

PlaintiffAppellant Delbert Ingram appeals from a district court's dismissal of his claims against DefendantsAppellees (Defendants). Mr. Ingram sued DefendantsAppelleesDr. Hashib D. Faruque, Dr. Yan Feng, Donna Delise, Kyle Inhofe, Lt. Michael Stevenson, and Captain Tim Collins 1—claiming that Defendants had violated his rights under the Fourth and Fifth Amendments of the U.S. Constitution by holding him in a psychiatric ward for over twenty-four hours without his consent. Defendants filed motions to dismiss, arguing that, among other things, the district court lacked subject matter jurisdiction over the action, because the Federal Tort Claims Act (“FTCA”) provided the sole remedy for Mr. Ingram's claims, and that the court therefore should not authorize a judicial remedy under Bivens v. Six Unknown Named Agents, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971). Fed.R.Civ.P. 12(b)(1).

The district court agreed that it lacked subject matter jurisdiction over Mr. Ingram's claims, and therefore granted Defendants' motions to dismiss. Specifically, the court concluded that Mr. Ingram had a remedy available under 38 U.S.C. § 7316 (“VA Immunity Statute), which applies the remedy available against the United States under the FTCA to damages arising from the provision of medical services by health care employees of the Veteran's Administration (“VA”). Because of the availability of a remedy under the VA Immunity Statute, it concluded that Mr. Ingram did not have a cause of action under Bivens.

Having jurisdiction under 28 U.S.C. § 1291, we affirm on the basis that Mr. Ingram has, or has had, an adequate alternative remedy available through the VA Immunity Statute and the FTCA,2 and it is therefore not appropriate to authorize a Bivens remedy for Mr. Ingram. Accordingly, the district court did not err in ruling that it lacked subject matter jurisdiction over Mr. Ingram's claims.

BACKGROUND
I. Factual Background

Mr. Ingram is an employee at the Oklahoma City Department of Veterans Affairs Medical Center (“VAMC”). At the time of the incidents resulting in this appeal, VAMC police received a report from one of Mr. Ingram's coworkers, stating that Mr. Ingram had said that he had been thinking about killing his supervisor. Defendant Captain Collins (VAMC's Assistant Chief of Police) reported the threat to Dr. Nasreen Bukhari (not a party to this action), who recommended that Mr. Ingram receive a psychiatric assessment. Dr. Bukhari informed Defendant Inhofe (VAMC's Chief of Human Resources) and Defendant Delise (VAMC's Acting Assistant Director) of the situation. Mr. Inhofe and Ms. Delise decided to talk to Mr. Ingram about the reported threat and ask him to go to the Emergency Room for evaluation, in accordance with Dr. Bukhari's instructions. Mr. Ingram agreed to go to the emergency room with Mr. Inhofe and Ms. Delise. Captain Collins directed Defendant Lt. Stevenson (a VAMC police officer) to escort Mr. Inhofe, Ms. Delise, and Mr. Ingram to the emergency room.

In the emergency room, Mr. Inhofe and Ms. Delise accompanied Mr. Ingram to a padded isolation room. Subsequently, another physician, Dr. Karunesh Singhal (not a party to this action) filled out an affidavit stating that Mr. Ingram “has threatened to assault his supervisor and in my evaluation is having homicidal ideation,” and that on that basis, Mr. Ingram was sufficiently ill “that immediate emergency action [was] necessary.” Aplt.App. at 78. When Mr. Ingram attempted to leave the emergency room, Lt. Stevenson informed him that, although he was not under arrest, he was not free to leave the emergency room. Mr. Ingram asserts that Lt. Stevenson said this “with his hand on his firearm,” and that after making this statement, Lt. Stevenson shut and locked the door to the isolation room. Aplt. Br. 4.

Mr. Inhofe and Ms. Delise waited with Mr. Ingram until Defendant Dr. Faruque (a VAMC staff psychiatrist) arrived. After Dr. Faruque arrived, he examined Mr. Ingram. During the examination, Mr. Ingram admitted saying something about “doing foolish things to [his supervisor],” but denied having the intent to hurt or kill her. Aplt.App. at 104. Dr. Faruque's report following the examination recommended [i]npatient admission to provide safe environment and further assessment.” 3 Aplt.App. at 104. Mr. Ingram agreed to be admitted for further evaluation. Dr. Faruque's report states that he shared this plan with Dr. Singhal, and that he “emphasized that [Mr. Ingram] is not to leave [the] ER except for transfer to [the psychiatric ward],” and “suggested that [Mr. Ingram] be transferred from [the] ER to [the psychiatric ward] under police escort.” Id. at 105.

After arriving in the psychiatric ward, Defendant Dr. Feng (another VAMC staff psychiatrist) interviewed Mr. Ingram for the inpatient admission evaluation. Mr. Ingram denied making threats about his supervisor and stated that he wished to leave the hospital. But Dr. Feng informed Mr. Ingram that “because of the report of the threat and the Third Party Affidavit [signed by Dr. Singhal], [she] was obligated to conduct an investigation to determine whether he and other people would be safe if he were discharged from the hospital.” Id. at 106. She told Mr. Ingram that he could voluntarily sign himself in for assessment, or that she would initiate the paperwork to obtain an Emergency Order of Detention.

After this conversation, Mr. Ingram agreed to admit himself to the hospital, and signed a voluntary consent form. But subsequently, although he repeatedly requested to leave, Mr. Ingram was held in the psychiatric ward for over twenty-four hours before being medically cleared and released.

II. Procedural Background

Mr. Ingram subsequently filed an action against Defendants in their individual capacities. He asserted that they had collectively violated his rights under the Fourth and Fifth Amendments by detaining him against his will, and he sought a remedy. Defendants filed motions to dismiss, arguing that, among other things, the court lacked subject matter jurisdiction over Mr. Ingram's claims. SeeFed.R.Civ.P. 12(b)(1).

A primary argument of the Defendants was that Mr. Ingram should not be permitted to pursue a cause of action under Bivens v. Six Unknown Named Agents, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971), because under the VA Immunity Statute, the FTCA provided the sole remedy for his claims. The district court agreed, concluding that Mr. Ingram's claims fell under the VA Immunity Statute, and that he therefore could not bring an action under Bivens. Accordingly, it ruled that it lacked subject matter jurisdiction over Mr. Ingram's claims, and dismissed the claims against all Defendants without prejudice. Within thirty days, Mr. Ingram filed a motion for reconsideration, which was denied by the district court. Mr. Ingram timely appeals.

STANDARD OF REVIEW

Rule 12(b)(1) motions can take the form of either a “facial” or a “factual” attack on the court's subject matter jurisdiction. Stuart v. Colo. Interstate Gas Co., 271 F.3d 1221, 1225 (10th Cir.2001). Where the party challenging subject-matter jurisdiction mounts a facial attack, “the district court must accept the allegations in the complaint as true.” Id. But if the challenging party brings a factual attack by “go[ing] beyond allegations contained in the complaint and challeng[ing] the facts upon which subject matter jurisdiction is based ... [the] court has wide discretion to allow affidavits, other documents, and a limited evidentiary hearing to resolve disputed jurisdictional facts.” Id. (internal quotation marks omitted). Here, the district court determined that it would “consider the materials appended to the parties' briefs,” Aplt.App. at 166; thus, we will treat this as a factual attack and likewise consider the materials presented by the parties to the district court.

We review de novo ... the district court's determination of subject-matter jurisdiction....” Rio Grande Silvery Minnow (Hybognathus amarus) v. Bureau of Reclamation, 599 F.3d 1165, 1175 (10th Cir.2010). Moreover, [w]e review the [district] court's findings of jurisdictional facts for clear error,” and [a] finding is clearly erroneous when although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed.” Id. (second alteration in original) (internal quotation marks omitted). But we will “view the evidence in the light most favorable to the district court's ruling.” Id. (internal quotation marks omitted). Thus, [i]f the district court's account of the evidence is plausible in light of the record viewed in its entirety, the court of appeals may not reverse.” Id. (internal quotation marks omitted).

DISCUSSION

In Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971), the U.S. Supreme “Court recognized for the first time an implied private action for damages against federal officers alleged to have violated a citizen's constitutional rights.” Ashcroft v. Iqbal, 556 U.S. 662, 675, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (internal quotation marks omitted). In Bivens, the Court “held that a victim of a Fourth Amendment violation by...

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