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Keywords

tortplaintiffsovereign immunity
tortplaintiffsovereign immunity

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Cheek v. United States, Not Reported in Fed. Supp., 2020 WL 6162045

Facts

John Ray Cheek, an inmate at FMC-Fort Worth, filed a complaint after an incident on October 31, 2018, where he was unable to access a bathroom while waiting in a commissary line. He alleged that corrections officers prevented him from returning to his unit and subsequently denied him access to a bathroom in the Safety Department. After using the bathroom without permission, he was charged with threatening behavior and faced disciplinary action, which included loss of good conduct time and commissary privileges.

John Ray Cheek, an inmate at FMC-Fort Worth, filed a complaint after an incident on October 31, 2018, where he was unable to access a bathroom while waiting in a commissary line. He alleged that corrections officers prevented him from returning to his unit and subsequently denied him access to a bathroom in the Safety Department. After using the bathroom without permission, he was charged with threatening behavior and faced disciplinary action, which included loss of good conduct time and commissary privileges.

Issue

The main legal issues were whether Cheek's claims under the FTCA for violations of his constitutional rights were cognizable and whether the United States had waived its sovereign immunity for such claims.

The main legal issues were whether Cheek's claims under the FTCA for violations of his constitutional rights were cognizable and whether the United States had waived its sovereign immunity for such claims.

Rule

The FTCA does not waive federal sovereign immunity for constitutional torts, and claims that imply the invalidity of a disciplinary conviction are not cognizable under the FTCA unless the conditions set by Heck v. Humphrey are met.

The FTCA does not waive federal sovereign immunity for constitutional torts, and claims that imply the invalidity of a disciplinary conviction are not cognizable under the FTCA unless the conditions set by Heck v. Humphrey are met.

Analysis

The court analyzed Cheek's claims under the FTCA and determined that they were legally frivolous because the FTCA does not allow for recovery based on constitutional violations. Additionally, since Cheek's claims arose from a disciplinary proceeding, they were not cognizable under the FTCA as they implied the invalidity of that conviction, which Cheek had not challenged successfully.

The court analyzed Cheek's claims under the FTCA and determined that they were legally frivolous because the FTCA does not allow for recovery based on constitutional violations. Additionally, since Cheek's claims arose from a disciplinary proceeding, they were not cognizable under the FTCA as they implied the invalidity of that conviction, which Cheek had not challenged successfully.

Conclusion

The court concluded that all of Cheek's claims against the United States and the individual officers were dismissed with prejudice, as they were found to be legally frivolous and not actionable under the FTCA.

The court concluded that all of Cheek's claims against the United States and the individual officers were dismissed with prejudice, as they were found to be legally frivolous and not actionable under the FTCA.

Who won?

The United States prevailed in this case because the court found that Cheek's claims were legally frivolous and not cognizable under the FTCA.

The United States prevailed in this case because the court found that Cheek's claims were legally frivolous and not cognizable under the FTCA.

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