Friedman v. Young
Decision Date | 14 December 1988 |
Docket Number | No. 87 Civ. 3641 (RWS).,87 Civ. 3641 (RWS). |
Parties | James FRIEDMAN, Plaintiff, v. L.P. YOUNG, Correctional Office, F.C.I. Otisville, New York, Defendant. |
Court | U.S. District Court — Southern District of New York |
James Friedman, Danbury, Conn., pro se.
Rudolph W. Giuliani, U.S. Atty., S.D.N.Y. by Paula T. Dow, Asst. U.S. Atty., New York City, for defendant.
Defendant L.P. Young ("Young"), a correction officer at the Federal Correctional Institution, Otisville, New York ("Otisville") has moved under Fed.R.Civ.P. 12(b)(6) for an order dismissing the complaint of plaintiff James Friedman ("Friedman"), pro se, an inmate at Otisville or alternatively for summary judgment under Rule 56, Fed.R.Civ.P. the motion was submitted on September 16, 1988 and is granted for the reasons set forth below.
The complaint, understandably short and succinct states as follows:
Young has submitted an unrebutted affidavit which states as follows:
To the extent Young has alleged a common law tort, his claim is dismissed because the record establishes even in the complaint that Young acted within the scope of his employment when he conducted the pat-down.
Federal employees have long been entitled to absolute immunity from common law tort liability for acts committed within the scope of their official duties, so long as the acts are discretionary in nature. See Westfall v. Erwin, 484 U.S. 292, 108 S.Ct. 580, 583, 98 L.Ed.2d 619 (1988); Barr v. Matteo, 360 U.S. 564, 79 S.Ct. 1335, 3 L.Ed.2d 1434 (1959); McManus v. McCarthy, 586 F.Supp. 302, 303-04 (S.D.N.Y. 1984).
In order for absolute immunity from common law tort liability to attach, two factors must be met. First, the allegedly tortious acts must fall within the federal employee's scope of authority, or the outer perimeter of the employee's line of duty. Westfall v. Erwin, 108 S.Ct. at 584. See also Sprecher v. Von Stein, 772 F.2d 16, 18 (2d Cir.1985). Accordingly, "it is only necessary that the action of the federal official bear some reasonable relationship to and connection with his duties and responsibilities." Scherer v. Brennan, 379 F.2d 609, 611 (7th Cir.), cert. denied, 389 U.S. 1021, 88 S.Ct. 592, 19 L.Ed.2d 666 (1967). See also Claus v. Gyorkey, 674 F.2d 427, 431 (5th Cir.1982). In defining the "outer perimeter" one court has noted that "the act must have more or less connection with the general matters committed by law to the officer's control or supervision, and not be manifestly or palpably beyond his authority." Norton v. McShane, 332 F.2d 855, 858-59 (5th Cir. 1964), cert. denied, 380 U.S. 981, 85 S.Ct. 1345, 14 L.Ed.2d 274 (1965) (citation omitted).
Here, Young's pat search of plaintiff's person was conducted pursuant to FCI Otisville's post order on searching inmates who are leaving their cells. Thus, his actions fell well within his authority as a correctional officer in the Administrative Detention Unit.
The second factor that must be established is that the federal employee exercised judgment or discretion. Westfall v. Erwin, 108 S.Ct. at 584. See also, Huntington Towers Ltd. v. Franklin National Bank, 559 F.2d 863, 870 (2d Cir.1977), cert. denied, 434 U.S. 1012, 98 S.Ct. 726, 54 L.Ed.2d 756 (1978); Adelona v. Webster, 654 F.Supp. 968, 977 (S.D.N.Y.1987). In evaluating this criterion in the context of correctional officers, the Seventh Circuit noted that "although imposition of the duty to maintain a prison is clear, the manner in which the Department of Corrections — through its officers — is to meet the statutory obligation is not defined in such a way that it can be met without the exercise of judgment by the Department and its employees." Adden v. Middlebrooks, 688 F.2d 1147, 1152 (7th Cir.1982). See also Sampson v. King, 693 F.2d 566 (5th Cir. 1982).
In order to enforce security regulations at federal correctional institutions, correctional officers are required to make on-the-spot determinations. Young conducted a pat-down of the plaintiff's person pursuant to prison regulations. His actions fell within the scope of his official duties and were a proper exercise of discretion within the broad guidelines of the prison regulations. The complaint with respect to the alleged fondling, which asserts only common law tort claims, must be dismissed.
In Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, the Supreme Court held that a federal official can be individually liable for money damages if he personally violates a well-established constitutional right. 403 U.S. 388, 389, 91 S.Ct. 1999, 2001, 29 L.Ed.2d 619 (1971). See Harlow v. Fitzgerald, 457 U.S. 800, 102 S.Ct. 2727, 73 L.Ed.2d 396 (1982). However, unless the complaint in a Bivens case "states a compensable claim for relief under the Federal Constitution, it should not survive a motion to dismiss." Butz v. Economou, 438 U.S. 478, 507-08, 98 S.Ct. 2894, 2911-12, 57 L.Ed.2d 895 (1978).
Not every common law tort committed by a law enforcement officer gives rise to a constitutional claim. See e.g., Black v. Stephens, 662 F.2d 181, 188 (3d Cir.1981), cert. denied, 455 U.S. 1008, 102 S.Ct. 1646, 71 L.Ed.2d 876 (1982); Johnson v. Glick, 481 F.2d 1028, 1033 (2d Cir.), cert. denied, 414 U.S. 1033, 94 S.Ct. 462, 38 L.Ed.2d 324 (1973).
Daniels v. Williams offered examples of this principle, observing that "medical malpractice does not become a constitutional violation merely because the victim is a prisoner" and "false imprisonment does not become a violation of the Fourteenth Amendment merely because the defendant is a state official." 474 U.S. 327, 333, 106 S.Ct. 662, 666, 88 L.Ed.2d 662 (1986), quoting Estelle v. Gamble, 429 U.S. 97, 106, 97 S.Ct. 285, 292, 50 L.Ed.2d 251 (1976); Baker v. McCollan, 443 U.S. 137, 146, 99 S.Ct. 2689, 2695-96, 61 L.Ed.2d 433 (1979). The same is true of the common law torts of assault and infliction of emotional distress or mental anguish.
Johnson v. Glick held that only in certain limited circumstances does an officer's...
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