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MEDLEY v. HAWK-SAWYER

No. Civ.A. 1:00CV117.

133 F.Supp.2d 883 (2001)

Sylvia D. MEDLEY, Plaintiff, v. Kathleen M. HAWK-SAWYER, individually and in her official capacity as Director, United States Department of Justice, Federal Bureau of Prisons, Margaret C. Hambrick, individually and in her official capacity as Regional Director, Mid-Atlantic Region, United States Department of Justice, Federal Bureau of Prisons, Bryan A. Bledsoe, individually and in his official capacity as Warden, FCI-Morgantown, United States Department of Prisons, Steven Todd Figiel, individually and in his official capacity as Financial manager, FCI Morgantown, United States Department of Justice, Federal Bureau of Prisons, Ronald E. Rubottom, individually and in his official capacity as President AFGE Local 2441, FCI-Morgantown, United States Department of Justice, Federal Bureau of Prisons, and Harry Simons, individually and in his official capacity as Supervising Accountant, FCI-Morgantown, United States Department of Justice, Federal Bureau of Prisons, Defendants.

United States District Court, N.D. West Virginia.

February 14, 2001.

Attorney(s) appearing for the Case

Larry J. Conrad, Student, Morgantown, WV, for plaintiff, Sylvia Medley.

Melvin W. Kahle, Jr., United States Attorney, Daniel W. Dickinson, Jr., Assistant United States Attorney, Wheeling, WV, Martin R. Cohen, Assistant General Counsel AFGE, Bala Cynwyd, PA, for defendants, Kathleen M. Hawk-Sawyer and Margaret C. Hambrick, and Bryan A. Bledsoe, United States Department of Justice, Federal Bureau of Prisons, Steven Todd Figiel, Ronald E. Rubottom and Harry Simons.

ORDER GRANTING DEFENDANTS' MOTIONS TO DISMISS

KEELEY, District Judge.

The question in this case is whether a plaintiff may sue her federal employer for damages pursuant to Bivens v. Six Unknown Agents, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971), and 42 U.S.C. § 1985(3) and § 1986, for alleged wrongful acts that were undertaken in connection with her federal employment. The Court concludes that...

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