United States District Court, W.D. Louisiana, Alexandria Division
T. TRIMBLE JUDGE
SUPPLEMENTAL REPORT AND RECOMMENDATION
H.L. Perez-Montes United States Magistrate Judge
Plaintiff Cecil McDonald Davis (“Davis”) filed
suit pursuant to Bivens v. Six Unknown Agents of the
Federal Bureau of Narcotics. Davis is an inmate in the
custody of the United States Bureau of Prisons
(“BOP”), incarcerated at the Federal Correctional
Institution in Butner, North Carolina
(“FCI-Butner”). Davis complains he was denied
adequate medical care while incarcerated at the United States
Penitentiary in Pollock, Louisiana (“USP-P”).
matter has been referred to the undersigned for review,
report, and recommendation in accordance with the provisions
of 28 U.S.C. § 636 and the standing orders of the Court.
complaint was originally filed in the United States District
Court for the Eastern District of North Carolina against the
United States of America, the BOP, Warden Carvajal, Warden
Sanders, Dr. Ernesto Gapasin, and Dr. Joel Alexandre. (Doc.
1). The case was transferred to the Western District of
Missouri. (Doc. 4).
superseding complaint, Davis only named and presented
allegations against Dr. Alexandre at USP-P. Therefore, the
Western District of Missouri issued an order in which it
“severed and dismissed” all defendants from the
suit other than Dr. Alexandre, and transferred the claim
against Dr. Alexandre to this Court. (Doc. 12).
the case was transferred, Davis field an amended complaint in
this Court against only Dr. Alexandre. (Doc. 17). A report
and recommendation to dismiss Davis's complaint against
Dr. Alexandre was issued. (Doc. 23). Davis filed an objection
to the report and recommendation. (Doc. 26). Thereafter,
Davis amended his complaint, adding as defendants those that
were previously dismissed by the Missouri court. (Doc. 29).
Law and Analysis
the defendants added through most recent amended complaint
(Doc. 27) were named in the original complaint, and were
“severed and dismissed” by the Missouri court in
its order transferring the case to this Court. (Doc. 12).
Thus, the claims are likely barred by the doctrine of res
judicata, which insures the finality of judgments and thereby
conserves judicial resources and protects litigants from
multiple lawsuits. See U.S. v. Shanbaum, 10 F.3d
305, 310 (5th Cir. 1994); Medina v. I.N.S., 993 F.2d
499, 503 (5th Cir. 1993).
the order of the Missouri court was not a final judgment
implicating the doctrine of res judicata, however,
Davis's claims should still be dismissed.
amended complaint, Davis names Defendant Carvajal as warden
of USP-P. However, supervisors may be held liable only if:
(1) they affirmatively participate in acts that cause
constitutional deprivations; or (2) they implement
unconstitutional policies that causally result in the
plaintiff's injuries. See Mouille v. City of Live
Oak, Tex., 977 F.2d 924, 929 (5th Cir. 1992), cert.
denied, 508 U.S. 951 (1993). Davis's allegations do
not establish that Warden Carvajal affirmatively participated
in a constitutional deprivation or implemented
claims against the United States of America and the BOP are
barred by the doctrine of sovereign immunity. See
Correctional Services Corp. v. Malesko, 534 U.S. 61,
to the extent that Davis seeks to reinstate claims against
the physician and warden at a BOP facility in Missouri, the
claims, to the extent they are not barred by res judicata,
should be ...