Skip navigation

Legal Guide for INS Detainees, American Bar Association, (undated)

Download original document:
Brief thumbnail
This text is machine-read, and may contain errors. Check the original document to verify accuracy.
Defending Liberty
Pursuing Justice

A LEGAL GUIDE FOR INS
DETAINEES:
ACTIONS BROUGHT AGAINST INS OR OTHER
LAW ENFORCEMENT OFFICIALS FOR
PERSONAL INJURY OR PROPERTY
DAMAGE OR LOSS

American Bar Association
Commission on Immigration Policy, Practice, and Pro Bono
740 15th Street, NW, 9th Floor
Washington, DC 20005-1022

A LEGAL GUIDE FOR
INS DETAINEES:
ACTIONS BROUGHT AGAINST
INS OR OTHER LAW
ENFORCEMENT OFFICIALS
FOR PERSONAL INJURY OR
PROPERTY DAMAGE OR LOSS

Prepared by:
American Bar Association
Commission on Immigration Policy, Practice and Pro Bono
740 15th Street, NW, 9th Floor
Washington, DC 20005-1022

The American Bar Association Commission on Immigration Policy, Practice and Pro Bono grants
permission for the copying of this document, as is, for personal use or for free distribution to entities
that assist detainees in INS custody. Any changes to these materials or to any part thereof must be
approved by the American Bar Association Commission on Immigration, Policy, Practice and Pro
Bono. Approval may be sought by writing to the following address: Chris Nugent, Commission on
Immigration Policy, Practice and Pro Bono, 740 15th St. NW, 9th Floor, Washington DC 20005-1022
tel. 202/662 1008, fax. 202/638 3844 or by email at nugentC@staff.abanet.org.

Printed in the United States of America

ISBN 1-59031-165-5

TABLE OF CONTENTS
Page

I.

OVERVIEW

II.

FEDERAL TORT CLAIMS ACT

11-1

A.

CONSIDER THE FOLLOWING FACTS ABOUT FTCA SUITS

B.

ADMINISTRATIVE REQUIREMENTS

C.

DAMAGES IN FTCA SUITS

D.

FTCA EXCEPTIONS & EXCLUSIONS

E.

DISTINGUISHING BETWEEN FEDERAL, STATE, AND MUNICIPAL
EMPLOYEES AND GOVERNMENT CONTRACTORS

11-1
11-2
11-3
11-4
11-6

F.

FTCA CHECKLIST

G.

INITIATING A FTCA COMPLAINT IN FEDERAL COURT

H.

WHAT MAy HApPEN AFTER You FILE YOUR COMPLAINT

11-7
11-8
II-g

ADMINISTRATIVE COMPLAINT FORM 95
SAMPLE PLEADING
BLANK PLEADING TO BE SUBMITTED

III.

BIVENS CLAIMS: LAWSUITS AGAINST FEDERAL OFFICERS
FOR VIOLATIONS OF YOUR CONSTITUTIONAL RIGHTS

111-1

A.
B.

111-1
111-2

C.
D.
E.
F.
G.

IV.

ORIGINS OF A BIVENS CLAIM
OFFICER ACTIONS GIVING RISE TO A BIVENS ACTION
UNDER THE FEDERAL CONSTITUTION
STATE OFFICERS "ACTING UNDER COLOR OF FEDERAL LAw"
IMMUNITY FOR FEDERAL OFFICERS
EXHAUSTION OF ALTERNATIVE REMEDIES
INITIATING A BIVENS COMPLAINT IN FEDERAL COURT
WHAT MAy HAPPEN AFTER You FILE YOUR COMPLAINT
SAMPLE PLEADING
BLANK PLEADING TO BE SUBMITTED

RELATIONSHIP BETWEEN FTCA, BIVENS, AND § 1983 CLAIMS
APPENDIX A:
APPENDIX B:
APPENDIX C:
APPENDIX D:

ADDRESSES OF ALL U.S. DISTRICT COURTS
FORMS TO PROCEED IN FORMA PAUPERIS
MOTION FOR APPOINTMENT OF COUNSEL
RESOURCES

1

111-8
111-8
111-10
111-10
111-11

IV

I.

OVERVIEW

Welcome to A Legal Guide for INS Detainees: Actions Brought Against
INS or Other Law Enforcement Officials for Personal Injury or Property Damage or
Loss.
The American Bar Association's Commission on Immigration Policy,
Practice, and Pro Bono created this Handbook to provide Immigration and
Naturalization Service ("INS") detainees with guidelines for filing Federal Tort
Claims Act ("FTCA") and Bivens complaints. This booklet was not prepared by the
INS, or by any other part of the U.S. Government. The views expressed herein have
not been approved by the House of Delegates or the Board of Governors of the
American Bar Association and, accordingly, should not be considered as
representing the official policy of the American Bar Association.
INS detainees who have been injured due to the actions of federal
officers before or during their stay in a federal, state, or local detention center may
file BOTH a FTCA complaint against the United States and a Bivens complaint
against individual federal officers at the same time in order to obtain monetary
compensation for their injuries. As explained in the chart at the end of this
Handbook, detainees may also file a 42 U.S.C. § 1983 complaint against individual
state officers. The first section explains how and when an INS detainee may obtain
monetary compensation through a lawsuit under the FTCA. A detainee may file a
FTCA complaint when federal officers violated the laws of the state in which the
detainee is held. The second section explains how and when an INS detainee may
obtain monetary compensation through a Bivens action. Detainees should file a
Bivens complaint when their constitutional rights have been violated.
A sample complaint - containing explanations of what the complaint
should state - is provided at the end of each section, one for FTCA and one for
Bivens. Following the sample complaint, a blank complaint is also provided that
may be completed by a detainee and submitted to the appropriate court. Do NOT
forget to sign the complaint or the court will reject it. Details about filing
complaints without paying the required fees and about obtaining a pro bono (free)
lawyer are provided at the end of each section. Additional resources are contained

in Appendices A, B, C, and D.
Detainees should feel free to send questions or concerns to: American
Bar Association, ATTN: Chris Nugent, ABA Commission on Immigration Policy,
Practice, and Pro Bono, 740 15th Street, NW, 9th floor, Washington, DC 200051022; tel: (202) 662-1008; fax: (202) 638-3844; email: nugentc@staff.abanet.org.

PLEASE DO NOT SEND ORIGINAL DOCUMENTS - NO COLLECT CALLS.
I

II.

FEDERAL TORT CLAIMS ACT

The Federal Tort Claims Act ("FTCA"), originally adopted in 1946,
permits recovery for claims for "injury or loss of property, or personal injury or
death caused by the negligent or wrongful act or omission of a government employee
while [the employee] is acting within the scope of his office or employment."
28 U.S.C. § 1346(b) (emphasis added). Claims for wrongful acts or failures to act
resulting in personal injury or property loss or damage are generally known as torts.
The FTCA is a limited waiver of U.S. sovereign immunity.! The FTCA thus holds
the United States responsible for the actions of its agencies and employees that
injure another person in the same way a private person would be held responsible
for such acts. 28 U.S.C. § 2674. The laws of the state in which the act or omission
occurred determine whether the United States will be held responsible for a
particular act or omission committed by a government employee or official.
A. CONSIDER THE FOLLOWING FACTS ABOUT FTCA SUITS
•

A FTCA complaint is a lawsuit against the United States for the wrongful
conduct of its employees.

•

FTCA claims may proceed ONLY against the United States as the named
defendant, NOT against the specific government agency or the federal
employee (in his official or individual capacity). 28 U.s.C. § 2679(d)(2).

•

FTCA actions against the United States may only be brought in federal
courts, NOT state courts.

•

The FTCA INCLUDES claims for the following torts (wrongful acts):
~ Negligence: the failure to exercise the standard of care that a
reasonably prudent person would have exercised in the same situation.
~ Intentional torts, including:
• Assault: the threat or use of force on another that causes a
reasonable fear of imminent harmful or offensive contact.
• Battery: the application of force on another resulting in
harmful or offensive contact.
• False Imprisonment: a confinement or restraint of a person to
a bounded area without justification or consent.
~ Abuse of process: improper use of a legitimately issued court process
to obtain a result that is either unlawful or beyond the person's scope.

1 In general, the U.S. Government may not be sued unless it permits individuals to do so. Congress
therefore passes statutes like the FTCA in order to recognize specific circumstances in which private
individuals may sue the U.S. Government.

II-I

~

Malicious prosecution: institution of criminal or civil proceedings
for an improper purpose without probable cause, when the conduct is
committed by investigative or law enforcement officers, including INS
and Border Patrol agents.

•

The tort law of the state in which the act or omission (the cause of the injury
or harm to you) occurred determines whether a cause of action exists as a
result of the particular act or omission. 28 U.S.C. § 1346(b).

•

Both citizens and aliens are eligible to obtain FTCA relief. No FTCA
provision prevents non-U.S. citizens from suing under the Act.

•

The FTCA bars suits against the United States for the acts or omissions of
independent contractors working for the federal government. Precisely
who qualifies as an independent contractor is complicated and is discu~sed in
greater detail below..

•

A FTCA claim must be filed in writing with the appropriate government
agency within two years of when the action causing injury to the detainee
occurs. 2

•

FTCA claims are always tried by a judge without a jury. 28 U.S.C. § 2402.

•

The FTCA is strictly interpreted: all ambiguities are usually resolved in
favor of the United States.

B. ADMINISTRATIVE REQUIREMENTS
Prior to filing a lawsuit in federal court, you must file a written
administrative claim against the United States with the agency employing
the person who caused the injury, or the case will be dismissed.
•

All FTCA claims must first be submitted for administrative settlement
before litigation begins. Government Standard Form 95 (attached at the
end of this section and available from federal agencies) should be used for the
initial administrative claim. Other forms of written notification may also be
accepted if a copy of Form 95 is unavailable. Again, the administrative

2 The FTCA contains a special statute of limitations: "a tort claim shall be forever barred unless it is
presented in writing to the appropriate Federal agency within two years after such claim accrues."
28 U.S.C.§ 2401(b) (emphasis added). As a general rule, "a tort claim accrues at the time of the
plaintiffs injury," but might extend in medical malpractice cases "until the plaintiff has discovered
both his injury and its cause." United States v. Kubrick, 444 U.S. 111, 120 (1979).

II-2

claim MUST BE filed within two years of the act or omission causing injury
to the detainee.
•

Filing a written administrative claim is likely to be the easiest and quickest
way to receive compensation from the United States. If approved, there is no
need for a lawsuit or additional litigation.

•

The administrative claim must include a specific dollar request for
damages and enough information to support an agency investigation.

•

The agency then reviews the merits of the claim, deciding whether (1) to
accept it and reach a monetary settlement; or (2) to deny it. Agency heads
are authorized to settle or compromise such claims in any amount, but
written approval of the Attorney General is required for amounts exceeding
$25,000. 28 U.S.C. § 2672.

•

A detainee must wait for a final agency denial to initiate a FTCA case in
federal district court. 28 U.S.C. § 2675(a). An agency's failure to issue a final
ruling on an administrative claim within six months of its filing is
considered a final denial. A detainee has six months to file a claim against
the United Sates after the final agency denial. 28 U.S.C. § 2401(b).
C. DAMAGES IN FTCA SUITS

•

In general, monetary awards in FTCA claims are controlled by state law and
are limited to "money damages." Money damages include reasonable
compensation for personal injury or loss of property.

•

Damages may not exceed the amount requested in the prior agency
administrative claim, except where the increase is based on new evidence
not reasonably discoverable at the time of presenting the claim to the agency.

•

In FTCA cases, the United States therefore may NOT be sued for punitive
damages designed to punish intentional or egregious (bad) conduct. The
United States is only liable for actual damages caused to the detainee.

•

The Supreme Court has held that plaintiffs may be entitled to monetary
compensation for "loss of enjoyment of life." These damages must be based
solely on a government employee's simple negligence, NOT on the
government employee's intentional or egregious conduct. However, state law
determines how much money may be recovered and whether the loss of
enjoyment of life claim fits within the state's definition of compensatory
damages. MoZzof v. United States, 502 U.S. 301 (1992).

II-3

•

Attorneys' fees are limited to no more than 25% of any judgment or
settlement after suit is filed, or 20% of any administrative settlement prior to
litigation. The FTCA does not specifically empower the court to award
attorneys' fees in the absence of an agreement between the client and the
attorney. 28 U.S.C. § 2678.
D. FTCA ExCEPTIONS & ExCLUSIONS

The FTCA includes specific exceptions, and where one applies,
the United States may NOT be sued - the case will be dismissed for lack of
jurisdiction.
•:. Foreign Country Exception: The FTCA exempts from coverage "any claim
arising in a foreign country." Thus, if a detainee's injuries occurred outside
the United States, no FTCA claim may be made.
•:. Intentional Torts Exception: Only investigative or law enforcement
officers may be sued for intentional torts like "assault, battery, false
imprisonment, malicious prosecution, and abuse of process."
•

FTCA suits for intentional torts against individuals who are NOT law
enforcement INS employees are prohibited.

•

An investigative or law enforcement officer is defined as an officer
"who is empowered by law to execute searches, to seize evidence, or to
make arrests for violations of Federal law."

•

INS officers and agents, as well as federal prison officials in some
circumstances, are investigative or law enforcement officers within the
meaning of 28 U.S.C. § 2680(h).

•:. Other Torts Excluded from the FTCA: Libel (publication of something
that injures the reputation of another person); slander (saying something
that injures the reputation of another person); misrepresentation (telling you
something untrue); deceit; or interference with contracts.
•:. Detention of Goods Exclusion: Any claim arising from the detention of
any goods, merchandise, or other property by any customs or tax officer or
any other law enforcement officer is excluded. 28 U.S.C. § 2680(c).
•

This exception covers claims based on the wrongful detention of goods
and those based on injury to or loss of goods while being detained. For
example, claims that INS agent negligently lost a detainee's personal
property due to a failure to inventory it properly upon arrest are not

II-4

permitted. See, e.g., Kosak v. United States, 465 U.s. 848 (1984);
Halverson v. United States, 972 F.2d 654 (5th Cir. 1992).
•

Seizures by INS officers and Border Patrol agents fit within this
exception. Ysasi v. Rivkind, 856 F.2d 1520, 1524 (Fed. Cir. 1988).

•:. Discretionary Function Exception: Precludes suits "based upon an act or
omission of an employee of the Government, exercising due care in the
execution of a statute or regulation, or based upon the performance or the
failure to exercise or perform a discretionary duty." 28 U.S.C. § 2680(a).
•

For the exception to apply, the challenged conduct must "be the
product of judgment or choice" and does not include an employee's
mandatory acts according to "a federal statute, regulation, or policy
[that] specifically prescribes a course of action." Berkovitz v. United
States, 486 U.S. 531, 536 (1988). Also, the conduct must be "based on
considerations of public policy." 29 U.S.C. § 2680(a).

•

Section 2680(a) specifically provides that the discretionary function
exception applies "whether or not the discretion involved be abused."

•

Detention decisions that are not directly mandated by statute are
discretionary and fit within the exception. Medina v. United States,
259 F.3d 220, 226 (4th Cir. 2001). For example, a detention facility's
policy decision to require sick or injured detainees to go to hospitals
rather than to receive in-house treatment is discretionary. However, a
slip and fall claim based on an INS facility's failure to maintain a
walkway to the hospital during inclement weather would not be barred
(if the INS failed to maintain it safely).

•

As long as an officer's decision to detain or parole a person is
reasonable under state law, the discretionary function exception
generally bars a FTCA claim for false arrest or imprisonment. "The
United States has a privilege to protect its borders against unlawful
entry ... there is a heavy burden on would-be entrants to show a right
to enter the U.S. without hindrance. The authorities may detain him
with far less than probable cause to believe he has no right to enter."
Caban v. United States, 728 F.2d 68, 73 (2d Cir. 1984).

•

The INS may not detain an alien for more than six months after the
alien is ordered removed if there is no significant likelihood that the
detainee can be returned to his country of origin in the near future.
Zadvydas v. Davis, 533 U.S. 678 (2001). If you believe that you fall
into this category, see the ABA's A Legal Guide for INS Detainees:
11-5

Petitioning for Release from Indefinite Detention for more information
on your legal rights.
E. DISTINGUISHING BE1WEEN FEDERAL, STATE, AND MUNICIPAL
EMPLOYEES AND GOVERNMENT CONTRACTORS

•

In general, the FTCA permits lawsuits against the United States only for the
acts or omissions of federal government employees. The United States
therefore may be sued under the FTCA for the acts or omissions of anyone
working directly for the INS, the Border Patrol, the Customs Service, the U.s.
Marshal's Office, the Coast Guard, the FBI or the Federal Bureau of Prisons,
for example, may be sued under the FTCA. In contrast, state and local law
enforcement officers are not considered to be employees of the federal
government. Thus, acts or omissions committed by these individuals
generally do not give rise to a FTCA claim.

•

The exception for independent contractors prevents claims against the
United States under the FTCA for the acts or omissions of local officials and
officers working under a government contract to provide typical federal
services. The United States may only be held liable for the acts or omissions
of independent contractors if federal employees directly supervise the day-today operations and physical performance of the contracted duties. For
example, if INS officials were on-site or actively controlling operations of a
state-run or private detention center and its state or local employees, there
could be a FTCA cause of action for activities at the center.

•

The United States may NOT be sued for the negligence of an independent
contractor operating a detention facility. County jail officials, for example,
have been considered independent contractors rather than federal employees
even though they acted on behalf of the Federal Bureau of Prisons to care for
federal prisoners and performed services that salaried government employees
would otherwise perform. The United States may be sued, however, for the
decision to place a detainee at the contract facility.

•

Government contractors do not fit within the meaning of a federal agency.
The test for whether someone is an independent contractor or a government
employee focuses on control of the detailed physical performance of the
contractor and the primary activity contracted for, not the peripheral
administrative acts relating to the activity. Courts have looked at the
following factors to determine if a federal agency has strict control over a
contractor: (1) payment of salary; (2) insurance premiums; (3) payment of
social security taxes or workmen's compensation; (4) ownership of tools;
(5) instruments; and (6) place of work.

II-6

•

When state or local officers act on behalf of the federal government under
contract arrangements, the federal government often fixes specific and
precise conditions or provides some funding to implement federal objectives.
However, these regulations do NOT convert the acts of state governmental
agencies or employees into acts of the federal government. Whether the
federal government is responsible for the acts of the state or local officers it
hires depends on the specific facts of the employment relationship between
the state or local employees and the federal government.

•

Under state laws, law enforcement officers are entitled to immunity for
discretionary acts performed in good faith and in the scope of their
employment. According to the like circumstances rule of the FTCA, the
United States may claim any state law immunity that would be enjoyed by
state officials if they were sued in the performance of similar duties.
Accordingly, it is important to check state laws to see what kind of immunity
or privileges differenflaw enforcement or federal employees are granted.

F. FTCA CHECKLIST
Ask the following questions to determine if your case meets the basic
requirements necessary to file a FTCA claim. If the answers to the questions are
YES, you are likely to be eligible for a FTCA claim.
./

Was the person who caused your injury or harm a federal government
employee and not someone simply under contract to work for the
government?

./

Was the employee acting within the scope of his employment (normal
duties) when the incident occurred?

./

Was the employee's action against the law in the state where it occurred?

./

Does state tort law provide a remedy for such acts (e.g., if a detainee is
injured while working, the state may not permit tort suits in addition to
worker's compensation claims)?

./

Did the government employee violate mandatory regulations, directives,
or rules of the agency?

./

Is your injury based on something other than misrepresentation (telling
you something untrue), libel (publication of something that injures the
reputation of another person), or slander (saying something that injures
the reputation of another person)?

II-7

../

Are you seeking only money damages for the actual amount of your injury,
NOT a temporary restraining order from the court asking the detention
facility or the individual employee to perform or refrain from performing a
specific act (i.e., injunctive relief)?

../

Did the incident or event occur LESS than two years ago?

../

Did you file an administrative claim with the employee's supervising
agency?

../

Was the administrative claim denied or unanswered within six months
of when it was filed?

../

If you are filing an intentional tort, such as assault, battery, false
imprisonment, malicious pr<>secution, or abuse of process, is the person
who caused you harm an investigative or law enforcement officer?

G. INITIATING A FTCA COMPLAINT IN FEDERAL COURT

***** File the FTCA complaint with the appropriate court - a list of U.S. district
courts is attached as Appendix A. The complaint must contain ONLY
TRUTHFUL statements. The complaint must then be served by doing the
following:
1.

Deliver a copy of the summons from the court clerk and the complaint to
the U. S. Attorney (or his designee) for the district where the action is
brought or by sending a copy of the summons and complaint by registered or
certified mail to the civil process clerk at the U.S. Attorney's office.

2.

Send the summons and complaint by registered or certified mail to the
following address:

Attorney General of the United States
U.S. Department of Justice
950 Pennsylvania Avenue, N. w:
Washington, DC 20530-0001
A detainee should also:
3.

Pay all applicable fees. The filing fee will vary depending on the U.S.
district court in which you file your complaint:
~

If you cannot afford to pay the applicable filing fees, you may
apply to the court to proceed In Forma Pauperis - a formal request to

II-8

the court to excuse the payment of the necessary filing fees as well as
other legal costs. If the court approves your application, you may
proceed in court without having to pay the filing fee or other costs. It
is highly recommended that you apply for this status at the same time
that you file your complaint.
~

The forms necessary to proceed In Forma Pauperis are provided in
AppendixB.
o First, fill out the Motion to Proceed In Forma Pauperis.
o Second, fill out the Prisoner Certificate.
o Third, fill out the Trust Account Withdrawal
Authorization.

~

Send these forms to the court along with your FTCA complaint. The
court will then review your application to determine whether you must
pay the filing fee and other costs. If a court does not believe that you
are telling the truth about your financial status, it may hold a hearing
or require you to submit additional proof of your financial status.

~

Finally, if the court denies your application, the decision is
appealable pursuant to 28 U.S.C. § 1291.

4.

Request a copy of the court's local rules.

5.

Legal Assistance: FTCA claims are civil actions. Consequently, there is no
guarantee that an attorney will represent you if you are unable to afford
counsel. However, you may request that the court appoint a lawyer for you.
File the sample Motion for the Appointment of Counsel provided in
Appendix C when you file your complaint. The court will then decide
whether or not to provide a lawyer to you.
H. WHAT MAy HAPPEN AFTER You FILE YOUR COMPLAINT

.:. Motion To Dismiss: After you file your suit, the United States may
immediately file a motion to dismiss the complaint under Federal Rule of
Civil Procedure 12(b). Specifically, the United States is likely to file the
motion to dismiss pursuant to 12(b)(6) - "for failure to state a claim upon
which relief can be granted."
•

A 12(b)(6) dismissal challenges the merits of your complaint. By filing
this motion, the United States claims that the "wrong" you have
described in your complaint does not entitle you to any legal assistance.
If a court finds this to be true, it will not award you damages - even if
you can prove all of the facts alleged in your complaint.

II-9

•

How to Defend Against a 12(b)(6) - Motion to Dismiss
• Always file a response to let the judge know that you oppose
the motion. You must check the local rules of the court to
determine how much time you have to respond to the motion. Most
local rules grant a party 20 days to respond to a motion to dismiss.
If you fail to file a response within the time required by the local
rule, the court is likely to consider the motion uncontested and will
ordinarily grant the motion without further notice.
• In addition to filing a response, you may also amend your
complaint.
1. Amendment as of right. You may automatically amend the
complaint once - in accordance with Federal Rule of Civil
Procedure 15(a) - before the United States makes a responsive
pleading (i.e., files an answer, not a motion to dismiss).
2. Amendment by leave of court. If the United States serves its
answer or makes another responsive pleading, then you may
amend your complaint only by obtaining the permission of the
court.

•

If the complaint is dismissed in response to the U.S. motion, a
court may give you the opportunity to amend your complaint and to
refile it with the court. You may be able to cure a technically defective
complaint by adding some missing information.

•:. Discovery: If your complaint is not dismissed and your lawsuit continues,
then you and the defendants will engage in a procedure known as "discovery."
Discovery is the process by which the plaintiff and the defendant exchange
materials in order to "discover" the claims and defenses that each side has
raised in the lawsuit. The purpose of discovery is to obtain enough facts and
information from the United States so that you will be prepared for trial. See
generally Federal Rules of Civil Procedure 26-37 for information about
discovery.
•:. Discovery lasts for as little as two months or as much as two years, and
generally includes the following:
•

Interrogatories. These are written answers about the case that you
may submit to the United States and that the United States may
submit to you. Answers to interrogatories must be given under oath,
i.e., the person answering the questions must swear under penalty of
perjury that his answers are true. Consult Federal Rule of Civil
Procedure 33 for more information about interrogatories.

II-IO

•

Document Requests. You and the United States may exchange
written requests for documents about the case. Consult Federal Rule
of Civil Procedure 34 for more information about document requests.

•

Depositions. In a deposition, one party asks oral questions of another
party or a witness who is under oath. The deposition is usually
conducted outside of the courtroom, and a transcript (a word-for-word
account) is made of the proceedings. Consult Federal Rule of Civil
Procedure 30 for more information about depositions.

•

Requests for Admission. These are written statements of facts
about the case which you submit to the United States (or which the
United States submits to you) and which must either be admitted or
denied. Admitted statements are treated by the court as having been
established and need not be proven at trial. Consult Federal Rule of
Civil Procedure 36 for more information about requests for
admissions.

•:. Motions for Summary Judgment: At the conclusion of discovery, you or
the United States may file a motion for summary judgment. This motion
asks the court to find that there are no genuine issues of material fact and
that the moving party is entitled to judgment as a matter of law. See Federal
Rule of Civil Procedure 56.
•

If summary judgment is granted on all issues, then judgment will
be entered for the prevailing party and no trial will be held.

•

If summary judgment is denied on some or all issues, then a trial
will be held to determine the remaining issues in dispute .

•:. Trial: Trial will be held in court before a judge. Consult your court's local
rules and Federal Rules of Civil Procedure 38-53 for more information on how
your trial may be conducted.
•:. Post-trial motions: The parties may file motions with the court after the
trial to ask for a new trial or to request judgment as a matter of law on the
basis of the evidence that was presented at trial. Consult Federal Rules of
Civil Procedure 50 and 59 for more information on post-trial motions.
•:. Appeal: The court will enter a final Judgment on all claims at the
conclusion of the trial and after the court decides any post-trial motions. The
losing party has the right to appeal the final Judgment. Generally, the losing
party must file a Notice to Appeal within 30 days after Judgment is
entered, although this time may be extended if post-trial motions are filed.
Consult the Federal Rules of Appellate Procedure for more information on
how and when to file an appeal.

II-II

GOVERNMENT FORM 95

CLAIM FOR DAMAGE,
INJURY, OR DEATH

INSTRUCTIONS: Please read carefully the instructions on the reverse side and
supply infonnation requested on both sides of this fonn. Use additional sheet(s) if
necessary. See reverse side for additional instructions.

FORM APPRORO\ED
OMB NO.
1105-0008
EXPIRES 8-31-02
2. Name. Address of claimant and claImant's personal representative. If
any. (See instructions on reverse.) (Number. street. cIty. Stale and ZIp Code.

I. Submit To Appropriate Federal Agency:

3. TYPE OF EMPLOYMENT
MILITARY
CIVILIAN

14. DATE OF BIRTH

15. MARITAL STATUS

I 6. DATE AND DAY OF ACCIDENT

I
I

7. TIME (A./d. OR P.Al)

8. Basis of Claim (State in detail the known facts and circumstances attending the damage, injury, or death, identifying persons and property involved, the
place ofoccurrence and the cause thereof) (Use additional pages if necessary.)

,

9.
PROPERTY DAMAGE
NAME AND ADDRESS OF OWNER, IF OTHER THAN CLAIMANT(Number, street, city, State, and Zip Code)

i
i

BRIEFLY DESCRIBE THE PROPERTY. NATURE AND EXTENT OF DAMAGE AND THE LOCATION WHERE PROPERTY MAYBE INSPECTED. (See
instructions on reverse side)

PERSONALINJURY~RONGFULDEATH

10.

STATE NATURE AND EXTENT OF EACH INJURY OR CAUSE OF DEATH, WHICH FORMS THE BASIS OF THE CLAIM. IF OTHER THAN CLAIMANT. ST ATE
NAME OF INJURED PERSON OR DECEDENT

II.

12. (See instructions on reverse)
12a. PROPERTY DAMAGE

I

WITNESSES
NAME

ADDRESS(Number, street, cit 1'. Slate. and Ziv Code)

AMOUNT OF CLAIM(in dollars)
12b. PERSONAL INJURY
l~.WRONGFULDEATH

12d. TOTAL (Failure 10 spec!!\' may
causejorji?irure ofyour rights.)

I CERTIFY THAT THE AMOUNT OF CLAIM COVERS ONLY DAMAGES AND INJURIES CAUSED BY THE ACCIDENT ABOVE AND AGREE TO
ACCEPT SAID AMOUNT IN FULL SATISFACTION AND FINAL SETTLEMENT OF THIS CLAIM
13a. SIGNATURE OF CLAIMANT (See instructions on reverse side.)
13b. Phone number of signatory 114. DATE OF CLAIM

I

CIVIL PENALTY FOR PRESENTING
FRAUDULENT CLAIM
The claimant shall forfeit and pay to the United States the sum of not less than $5,000
and not more than $10,000, plus 3 times the amount of damages sustained by the
United States. (See 3I u.S.C 3729.)
NSN 7540-00-634-4046
95-108
Previous editions not usable

CRIMINAL PENALTY FOR PRESENTING FRAUDULENT
CLAIM OR MAKING FALSE STATEMENTS
Imprisonment for noI more than five years and shall be subject to a fine of not less
than $5,000 and not more than $10.000, plus 3 times the amount of damages
sustained bv the United States. (See 18 U.S.CA 287.)
STANDARD FORM 95 (Rev. 7-85)
PRESCRIBED BY DEPT. OF JUSTICE
28 CFR 14.2

"

PRIVACY ACT NOTICE
This Notice is provided in accordance with the Pnvacy Act. 5 U.S.C 552a(e)(3),
and concerns the information requested in the letter to which this Notice is attached.
A. Authoriry: The requested information is solicited pursuant to one or more of the
following: 5 U.s.c. 301,28 V.S.c. 501 et seq., 28 U.S.c. 2671 et seq., 28
C.F.R. Part 14.

B. Principal Purpose: The infonnation requested is to be used in evaluatIng claIms
C. Routine Use: See the Notices of Systems of Records for the agencv to whom you
are submirting this form for this inf~rmation.
-"
D. Effect ~rFailure 10 Respond: Disclosure is voluntary. However. failure to suppi,
the requested infonnation or to execute the form may render your claim "invalid"

INSTRUCTIONS
Complete aU items -Insert the word NONE where applicable
A CLAIM SHALL BE DEEMED TO HA VE BEEN PRESENTED WHEN A FEDERAL
PROPERTY, PERSONAL INJURY, OR DEATH ALLEGED TO HAVE OCCURRED BY
AGENCY RECEIVES FROM A CLAIMAA'T, HIS DULY AlJ'THORlZED AGEl'.'T, OR
REASON OF THE INCIDEl'.'T, THE CLAIM MUST BE PRESENTED TO THE
LEGAL REPRESENTATIVE AN EXECUTED STANDARD FORM 95 OR OTHER
APPROPRIATE FEDERAL AGENCY WITHIN TWO YEARS AFTER THE CLAIM
WRITTEN NOTIFICATION OF AN INCIDENT, ACCOMPANIED BY A CLAIM FOR
ACCRUES.
MONEY DAMAGES IN A SUM CERTAIN FOR INJURY TO OR LOSS OF
(b) In support of claims for datnage to property which has been or can be
Any instructions or information necessary in the preparation of your claim will be
economically repaired. the claimant should submit at least two itemized signed
furnished, upon request, by the office indicated in item # I on the reVetse side.
statements or estimates by reliable, disinterested concerns, or, if payment has been
Complete regulations pertaining to claims asserted under the Federal Tort Claims Act
made, the itemized signed receipts evidencing payment.
can be found in Title 28, Code of Federal Regulations, Part 14. Many agencies have
published supplemental regulations also. If more than one agency is involved, please
state each agency.

I

The claim may be filed by a duly authorized agent or other legal representative,
provided evidence satisfactory to the Government is submitted with said claim
establishing express authority to act for the claimant. A claim presented by an agent or
legal representative must be presented in the natne of the claimant. If the claim is
signed by the agent or legal representative, it must show the title or legal capacity of
the person signing and be accompanied by evidence of his/her authority to present a
claim on behalf of the claimant as agent, executor, administrator, parent, guardian or
other representative.
If claimant intends to file claim for both personal injury and property datnage, claim
for both must be shown in item # 12 of this form.

(c) In suppon of claims for datnage to property which is not economically repairable.
or if the property is lost or destroyed, the claimant should submit statements as to the
original cost of the property, the date of purchase, and the value of the property, both
before and after the accident. Such statements should be by disinterested competent
persons, preferably reputable dealers or officials fatniliar with the type of property
datnaged, or by two or more competitive bidders, and should be cenified as being Just
and correct.

(d) Failure to completely execute this form or to supply the requested material
within two years from the date the allegations accrued may render your claim "invalid".
The atnount claimed should be substantiated by competent evidence as follows:
A claim is deemed presented when it is received by the appropriate agency, not when
it is mailed.
(a) In suppon of the claim for personal injury or death, the claimant should submit
a written report by the attending physician, showing the narure and extent of injury,
the narure and extent of treattoent, the degree of permanent disability, if any, the
prognosis, and the period of hospitalization, or incapacitation, attaching itemized bills
Failure to specify a sum certain will result in invalid presentation of your claim
for medical, hOSDital, or burial exoenses actuallv incurred.
And mav result in forfeiture of vour ri"hts,
Public reporting burden for this collection of information is estimated to average 15 minutes per response, including the time for reviewing instructions, searching existing
data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or
other aspect of this collection of information, including suggestions for reducing this burden,
to Director, Torts Branch
and to the
Civil Division
Office of Management and Budget
U.S. Department of Justice
Paperwork Reduction Project (1105-0008)
Washington, DC 20530
Washington, DC 20503

INSURANCE COVERAGE
In order that subrogation claims be adjudicated, it is essential that the claimant provide the following information regarding the insurance covera"e of his vehicle or proDem
15.

Do you carry accident insurance?

Yes, if yes give natne and address of insurance company (Number. street. city. Stale. and Zip Code; and policy number.

16.

Have you filed claim on your insurance carrier in this instance, and ifso, is it full coverage or deductible?

No

17. If deductible, state atnount

18. If claim has been filed with your carTier. what action has your insurer taken or proposes to take with reference to your claim? (It is necessar)' thaI you ascertain these/acIS)

19. Do you carry public liability and property datnage insurance?

Yes. If yes I give name and address of insurance carrier (Number, street. city, State. and Zip Code)

SF

* U.S. GOVERNMENT PRINTING OFFICE: 1989-241-175

No

95 (Rev, 7-85) BACK

SAMPLE FTCA COMPLAINT

ISAMPLE COMPLAINT: DO NOT SUBMITl

1--[

•

UNITED STATES DISTRICT COURT
FOR THE
--.I] DISTRICT OF [L--

-.l]

For example, Southern District of New York

)
)
)
)
)

[YOUR NAME]
Plaintiff,

)

v.

Case No.

)
)
)

UNITED STATES OF AMERICA
Defendant.

[

]

• Leave blank for now - Case
number will be filled in by
Clerk of Court

)
)
)
)
)

COMPLAINT
JURISDICTION

1.
This action arises under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b),
2671-80, as hereinafter more fully applies.

2.

Jurisdiction is conferred upon this court by 28 U.S.C. § 1346(b).

3.
Pursuant to 28 U.S.C. § 2675(a) the claim set forth herein was presented to
[specify the appropriate federal agency here, e.g., the Immigration and
Naturalization Service] on [date your administrative complaint was filed].
4.
EITHER The [agency, e.g., INS] denied the claim on [insert date
administrative claim was denied].

-OR-if the claim was not denied in writing:

More than six months before this action was instituted, the claim set forth
herein was presented to [insert agency name]. Said agency having failed to make
a final disposition of the claim within that time, plaintiff deems such failure to be a
denial thereof.
•

Provide an account of proper filing and denial of your administrative claim
with the agency.

VENUE

5.
Venue is proper in the
U.S.C. § 1402(b).

l-[

---.I] District of

0.-[

-I] pursuant to 28

PARTIES

6.
Plaintiff [your name] is a citizen of [your country]. Plaintiff resides at
[your address], within the confines of this court. The alleged act or omission
occurred in the [
] District of [
].
•

Establish that the court has jurisdiction based on your residency or the
location of the government employee's act or omission.

FACTS
7.
On [the date of the alleged act], plaintiff [your name] [concisely
explain what the government employee did to cause your injury, where,
when and how the act or incident occurred].
•

Set forth the facts of your case, as a short and plain summary, in numbered
paragraphs.

8.
At such time and place [Government Employee's name(s)] was/were an
employee of the [Agency name, e.g., Immigration and Naturalization
Services], an agency of the United States of America, and was/were acted within
the scope of employment.
9.
As a result, plaintiff was [concisely state your injury or the property
damage you sustained].

•

Explain the extent of your injuries providing a basis for a damages aumrd.

10.
If the defendant were a private person, it would be liable to the plaintiff in
accordance with the law of the state of [name the state where the court sits].

PRAYER

11.
Wherefore plaintiff demands judgment against defendant in the sum of
[
] dollars and costs. [Insert the requested dollar amount for damagesit must not be higher than the amount stated in your administrative claim].
Respectfully Submitted,

•

Your or your Attorney's Signature

•
•
•

Your name printed
Your Address
City, State, Zip Code

•

DATE

UNITED STATES DISTRICT COURT
FOR THE
_ _ _ _ _ DISTRICT OF

_

)
)
)
)
)

Plaintiff,

)

v.

UNITED STATES OF AMERICA
Defendant.

Case No.

)
)
)
)
)
)

COMPLAINT
JURISDICTION
1.
This action arises under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b),
2671-80, as hereinafter more fully applies.
2.

Jurisdiction is conferred upon this court by 28 U.S.C. § 1346(b).

3.

Pursuant to 28 U.S.C. § 2675(a) the claim set forth herein was presented to

_ _ _ _ _ _ _ _ on
4.

_

VENUE
5.

Venue is proper in the
to 28 U.S.C. § 1402(b).

District of

pursuant

PARTIES
6.
Plaintiff
is a citizen of - - - - - - - - Plaintiff resides at
, within the
jurisdiction of this court. The alleged act or omission at issue occurred in the
_ _ _ _ _ _ _ District of
_

FACTS
7.

On

" plaintiff

_

8.
At such time and place
was/were
an employee of the
, an agency of the
United States of America, and acted within the scope of government employment.
9.

As a result, plaintiff was

10.
If the defendant were a private person, it would be liable to the plaintiff in
accordance with the law of the state of
_

PRAYER
11.
Wherefore plaintiff demands judgment against defendant in the sum of
___ dollars and costs.
Respectfully submitted,

III.

BIVENS CLAIMS: LAWSUITS AGAINST FEDERAL OFFICERS FOR
VIOLATIONS OF YOUR CONSTITUTIONAL RIGHTS

A Bivens action is a lawsuit against individual employees of the federal
government for money damages to remedy violations of the First, Fourth, Fifth,
Sixth, and/or Eighth Amendment of the U.S. Constitution. A Bivens claim may not
be brought against either a federal agency, F.D.I.G. v. Meyer, 510 U.S. 471 (1994),
or against private corporations, Correctional Services Corp. v. Malesko, 534 UB. 61
(2001). In some cases, however, an individual (plaintiff) may not be able to bring a
Bivens suit because there are other statutory or administrative remedies available
or because the defendant (individual officer) is immune from liability. All of these
considerations are discussed below.

A.

ORIGINS OF A BIVENS CLAIM

In Bivens v. Six Unknown Named Agents of Federal Bureau of
Narcotics, 403 U.S. 388 (1971), the U.S. Supreme Court decided that plaintiffs could
sue individual federal officers for money damages if they violated the plaintiffs
constitutional rights.'3 Bivens involved the violation of a prisoner's Fourth
Amendment rights by agents of the Federal Bureau of Narcotics. The officers
handcuffed the plaintiff in front of his family, searched his apartment, and took him
to the courthouse for interrogation and a visual strip search. Id. at 389. The
Supreme Court held that these facts entitled the prisoner to monetary damages
from the agents who conducted the arrest and searches. In a Bivens complaint, a
detainee may ask the court to award BOTH compensatory damages for injuries
suffered due to the actions of a federal officer and punitive damages to punish the
officer for her actions and to deter future unjust acts. Carlson v. Green, 446 U.S. 14,
21-22 (1980).
The Bivens case itself permitted a plaintiff to sue individual federal
officers for violations of the Fourth Amendment. Today, courts also allow Bivens
claims under the First, Fifth, Sixth, and Eighth Amendments even if state law
would punish the officer for the same behavior:I In bringing a Bivens action against
individual federal officials, INS detainees should begin by alleging the following:

3 "... where legal rights have been invaded, and a federal statute provides for a general right to sue
for such invasion, federal courts may use any available remedy to make good the wrong done." 403
U.S. at 392 (quoting Bell v. Hood, 327 U.S. 678, 684 (1946».
4 See Bush v. Lucas, 462 U.S. 367 (1983); Carlson v. Green, 446 U.S. 14 (1980); Davis v. Passman,
442 U.S. 228 (1979). See also Kotarski v. Cooper, 799 F.2d 1342 (9th Cir. 1986); Jones v. City of
Memphis, 586 F.2d 622 (6th Cir. 1978), cert. denied, 440 U.S. 914 (1979).

III-1

•

The actions of the individual officers violated the First, Fourth, Fifth, Sixth,
and/or Eighth Amendment in a manner that is generally recognized by the
courts.

•

The individuals being sued are federal law enforcement officers who acted
under the color of federal law.

Next, detainees should consider whether the individual officers are
entitled to qualified or absolute immunity, thereby barring relief. Finally, plaintiffs
should investigate whether there are alternative remedies that need to be
exhausted before bringing a Bivens claim.

B.

OFFICER ACTIONS GIVING RISE TO A BIVENS ACTION UNDER THE
FEDERAL CONSTITUTION

1.

First Amendment

The First Amendment protects the right to free speech and religious
freedom. In Bush v. Lucas, 462 U.S. 367 (1983), the Supreme Court acknowledged
that the First Amendment could give rise to a Bivens suit. Many of the First
Amendment cases in the detention context involve interference with prisoners' mail
or interference with a detainee's right to speak to or see certain individuals.
•

General legal standard: Detainees enjoy the protections of the First
Amendment but not at the expense of the security of other inmates or prison
administration in general. Thornburgh v. Abbott, 490 U.s. 401 (1989).

•

But NOTE:
o Courts are more reluctant to recognize First Amendment rights for
pretrial detainees as opposed to convicted inmates. Procunier v. Navarette,
434 U.S. 555, 564 n.11 (1978).
o Courts will often consider INS detainees to be pretrial detainees
because they are often awaiting deportation proceedings or hearings to
determine their status rather than facing detention for a specified amount
of time.

•

Outgoing mail.
Legal standard: If an officer interfered with a detainee's outgoing mail,
hislher actions must have been reasonable under Turner v. Safley, 482
U.S. 78 (1987). Courts consider the following factors in determining
whether the government's reason for a mail restriction is acceptable.
• Whether the government's reason for the restriction is based on the
content of the expression. (NOTE: if the interference is based on

o

III-2

content, then the restriction is UNREASONABLE and the
detainee is likely to be entitled to money damages).
• Whether the government regulation (restriction on mail) relates to the
goal, i.e., is it sensible to use such a regulation to accomplish the
government's goal.
• Whether there are alternative regulations that would accomplish the
same goals and would have a lesser effect on expression.
• The effect of permitting the expression on others in the prison such as
guards and other inmates.
o There is strong First Amendment protection for outgoing mail. Procunier
v. Martinez, 416 U.S. 396 (1974).
o The detainee should win if a prison official interferes with outgoing mail.
o In order to win, plaintiffs should characterize the regulation as
unreasonable as well as unnecessary to achieve the stated purpose of the
regulation because less burdensome regulations are available.
•

Incoming mail.
o Uses the same general legal standard as cases involving "outgoing mail."
o These cases are more difficult to win, however, because of concerns for
prison security. Thornburgh v. Abbott, 490 U.S. 401 (1989).

•

Examples of First Amendment violations:
o Officers open mail.
o Mail is delivered late.
o No radios, books, or magazines allowed at the detention facility.
o No mail allowed other than legal mail.
o No access to personal mail.

2.

Fourth Amendment

The Fourth Amendment protects individuals against unreasonable
searches and seizures.
•

General legal standard: A search or seizure violates the Fourth
Amendment if it interferes with a person's legitimate expectation of privacy
and security. In making this determination in the context of detainees, the
courts will balance "the need for the particular search against the invasion of
personal rights that the search entails." Bell v. Wolfish, 441 U.S. 520, 559
(1979).

•

Factual situations under the Fourth Amendment.
o Searching or removing detainees' belongings, including INS documents.
o Stripping detainees of clothes and/or conducting a cavity check without a
court order.

III-3

o Holding a detainee unreasonably. Rhoden v. United States, 55 F.3d 428
(9th Cir. 1995).
•

Strip searches: "The law is clear that, although strip searches of prisoners
may be reasonable under the Fourth Amendment, they must be conducted in
such a manner as to protect inmates' privacy rights to the extent possible
given legitimate institutional security interests." Farmer v. PerriII, 288 F.3d
1254, 1258 (lOth Cir. 2002).
o Officials may strip search detainees -like individuals arrested for minor
offenses - only if there is a reasonable suspicion that the detainee is
hiding weapons or contraband. Kelly v. Foti, 77 F.3d 819 (5th Cir. 1996).

3.

Fifth Amendment

The Supreme Court has. also recognized a Bivens cause of action
arising from the Fifth Amendment's due process clause. Davis v. Passman, 442 U.S.
228 (1979).
•

General legal standard: Did the officer deprive the plaintiff of life, liberty,
or property without due process?

•

What is due process?
Due process generally requires notice and an opportunity to be heard.
Therefore, an administrative hearing or a court proceeding may be
required before federal officers take some actions against detainees.
o Also, in some cases, detainees must be provided with an opportunity to
complain - a hearing or grievance mechanism - about an officer's action.
o Whether a due process claim will be successful, according to Parratt v.
Taylor, 451 U.S. 527, 543-44 (1981), can be answered by asking the
following question: were the officer's actions negligent?
• IF YES: money damages may NOT be collected under Bivens. The
reason for this is simple: negligent conduct by a government official,
even though causing injury, does NOT constitute a deprivation under
the Due Process Clause. Daniels v. Williams, 474 U.S. 327, 331 (1986).
A detainee may, however, be able to sue the United States, in
accordance with state tort law, under the FTCA.
• IF NO: the plaintiff may be able to win and recover monetary
compensation under Bivens even if the actions were random and
unauthorized.
o As a result, Bivens actions under the Fifth Amendment's Due Process
clause are rarely successful.
o In order to make a successful due process claim, detainees therefore
should always try to prove that the deprivation of a life, liberty, or
o
o

III-4

process could have been prevented by a better-designed government
regulation or procedure.
•

Administrative situations potentially violating the Due Process Clause:
o Complaints never resolved.
o Ineffective procedures for bringing complaints.
o Improper disciplinary procedures.
o Pay for labor is delayed.

•

Claims unlikely to succeed under the Fifth Amendment.
o Complaints concerning the type of facility in which a prisoner is housed.
See Lato v. Attorney General, 773 F. Supp. 973 (W.D. Tex. 1991).
o Complaints challenging prison conditions unless the detainee has been
deprived of essential items, such as food, shelter, clothing, or medical care.
See, e.g., Ortega v. Rowe, 796 F.2d 765 (5th Cir. 1986); Brown v. McElroy,
160 F. Supp. 2d 699 (S.D.N.Y. 2001); Oladipupo v. Austin, 104 F. Supp. 2d
643 (W.D. La. 2000).
o Complaints alleging that an individual should have been assigned to a
different detention facility than the one in which she is held. Olim v.
Wakinekona, 461 U.S. 238 (1983).
o Complaints alleging that a detainee has been held for a long period of
time without a hearing. Instead, detainees should ask for a writ of
habeas corpus as discussed below with regard to the Sixth Amendment.

•

Claims that a detainee has been subject to cruel and unusual punishment are
often brought under the Fifth Amendment.;;
o Deciding to use the Eighth Amendment as opposed to the Fifth
Amendment depends on whether the detainee has been convicted of a
Crime.
• Use the Fifth Amendment if the detainee is considered a pretrial
detainee (i.e., awaiting a deportation hearing or deportation).
• Use the Eighth Amendment for detainees convicted of crimes who are
or were held in prison.
o Pretrial prisoners, such as INS detainees awaiting deportation, must
bring claims about poor prison conditions under the Fifth Amendment's
due process clause rather than the Eighth Amendment's cruel and
unusual punishment provision. See Bell v. Wolfish, 441 U.S. 520 (1979).G

5 Further discussion of the Eighth Amendment is provided below.
6 INS detainees who are being held for deportation are considered to be the equivalent of a pretrial
detainee. See Ortega v. Rowe, 796 F.2d 765, 767 (5th Cir. 1986). cert. denied, 481 U.S. 1013 (1987).

III-5

•

Fifth Amendment Due Process Clause claims also include complaints that
involve issues of Equal Protection. 7
o General legal standard: A plaintiff must allege that he or she was
treated differently than other detainees on the basis of some
impermissible factor, such as race, sex, or religion.
o Equal Protection ClauselDue Process Clause claims require that the
plaintiff prove three elements:
1. He was treated differently than other prisoners based on some
characteristic.
2. The characteristic was not an acceptable basis for discriminating
between inmates, e.g., race, sex, or religion.
3. Because of the differential treatment, he suffered some injury.
o Examples of Equal Protection Clause cases:
• A Hindu prisoner brought a Bivens claim because the prison allegedly
accommodated the dietary needs of Moslem and Jewish inmates but
failed toaccomm6date his own dietary needs. See Patel v. Wooten, 15
Fed. Appx. 647 (10th Cir. 2001). The impermissible factor
(discrimination) involved in the prisoner's treatment was religion.
• An African-American prisoner alleged that he was denied prison job
assignments as a result of his race and physical handicap. Though his
Bivens claim was denied because the officers' actions were found not to
have been discriminatory, the court noted that the Fifth Amendment
prohibited prison officials from discriminating against him on the basis
of race or handicap in deciding what job to assign him. Williams v.
Meese, 926 F.2d 994, 998 (10th Cir. 1991).

4.

Sixth Amendment

The Sixth Amendment provides certain protections to defendants in
criminal trials. In particular, the Sixth Amendment requires that criminal
defendants have the assistance of legal counsel both before and during trial. Maine
v. Moulton, 474 U.S. 159, 170 (1985). Aliens enjoy the protections of the Sixth
Amendment "in all criminal prosecutions." Wong Wing v. United States, 163 U.S.
228, 238 (1896). However, the Sixth Amendment does not apply to deportation
proceedings, which are considered civil actions. See Chowdhury v. Ashcroft, 241
F.3d 848, 854 (7th Cir. 2001); Montell v. Immigration & Naturalization Service, 798
F.2d 124, 127 (5th Cir. 1986); Mohsseni Behbahani v. Immigration & Naturalization
Service, 796 F.2d 249,251 (9th Cir. 1986).8 All Bivens actions involving defects in a
7 The Due Process Clause of the Fifth Amendment extends the same protections to individuals
injured by acts of the federal government that the Equal Protection Clause of the Fourteenth
Amendment provides to those injured by state government actions.
8 Though no Supreme Court case has decided this issue, the circuit courts are in agreement on this
point.

III-6

deportation proceeding should be brought under the Fifth Amendment rather than
the Sixth Amendment. Consequently, few Bivens claims have been brought under
the Sixth Amendment.
•

Questions to ask:
o Was the detainee deprived of legal counselor a proper trial in a criminal
prosecution? If yes, a Sixth Amendment violation has occurred - thus a
Bivens claim would be possible.
o Were the detainee's rights violated in a deportation proceeding? If yes,
the Sixth Amendment does NOT apply. The detainee instead should ask
for a writ of habeas corpus (request that the court free her) instead of a
Bivens action.

•

Most Sixth Amendment cases in the detainee context pertain to the right of
access to the courts.
o This "requires prison authorities to assist inmates in the preparation and
filing of meaningful legal papers by providing prisoners with adequate law
libraries or adequate assistance from the persons trained in the law."
Bounds v. Smith, 430 U.S. 817, 828 (1977).
o This right does not guarantee a "right to state-financed resources where
state-financed legal assistance is available," Spates v. Manson, 644 F.2d
80,85 (2d Cir. 1981), and the detainee must show that "the alleged
shortcomings in the library or legal assistance program hindered his
efforts to pursue a legal claim." Lewis v. Casey, 518 U.S. 343, 351 (1996).

5.

Eighth Amendment

In Carlson v. Green, 446 U.S. 14 (1980), the Supreme Court recognized
a Bivens claim under the Eighth Amendment. A detainee may make an Eighth
Amendment claim only if she was convicted of a crime and spent time in prison.
•

Legal standard: Did the officer's actions constitute deliberate
indifference to the health and safety of the detainee?
o Deliberate indifference requires that "the official knows of or disregards
an excessive risk to inmate health and safety." Farmer v. Brennan, 511
U.S. 825, 836 (1994).

•

Factual examples of cases.
o Detainee has a particular medical condition, and the officers do not permit
him proper treatment (e.g., insulin for diabetes). Hill v. Marshall, 962
F.2d 1209 (6th Cir. 1992).
o A detainee is assaulted, and the officers "had knowledge about the
substantial risk of serious harm to a particular class of persons." Taylor v.
Michigan Department of Corrections, 69 F.3d 76, 81 (6th Cir. 1995).

III-7

C.

STATE OFFICERS "ACTING UNDER COLOR OF FEDERAL LAw"

Bivens actions may only be brought against officers "acting under color
of federal law." If it is clear that the defendant is a federal officer, then detainees do
not have to worry about this element of Bivens actions. However, if a facility
housing INS detainees employs state or local officers, a detainee must show that the
federal agency has sufficient control over the officer to make her a federal officer.
•

General legal standard: Detainees must demonstrate a close relationship
between the individual defendants and the federal agency (the INS). See
West v. Atkins, 487 U.S. 42 (1988) (involving the definition of "acting under
color of state law" for a claim under 42 U.S.C. § 1983); Blum v. Yaretsky, 457
U.S. 991 (1982).

•

This close relationship can be demonstrated by examining a number of factors,
including whether the officer:
o Reported to or is responsible to a federal agency or officer.
o Received instruction and/or training from the federal agency.
o Performed functions traditionally carried out by the federal agency.

•

CAUTION: If there is any doubt about whether the individual responsible
for a detainee's injuries is a federal officer - as opposed to a state or local
officer - then the detainee should bring BOTH a 42 U.S.C. § 1983 claim AND
a Bivens claim. Section 1983 was specifically designed to provide protections
to individuals for acts committed by state or local government officials. The
sample Bivens complaint provided in this Handbook may also be used to file a
§ 1983 claim. For more information on the relationship between Bivens and a
§ 1983 claims, see § IV of this Handbook.

D.

IMMUNITY FOR FEDERAL OFFICERS

An individual officer may be able to assert that she is immune from
liability, thereby preventing an otherwise valid Bivens claim. In such cases, even if
the court agrees that the detainee's constitutional rights were violated, the detainee
will be unable to collect damages.

•

Two kinds of immunity are relevant to Bivens actions:
o Qualified Immunity: law enforcement officers, such as the officers that
run INS detention centers, are usually entitled to qualified immunity. See
Butz v. Economou, 438 U.S. 478 (1978).
o Absolute Immunity: prosecutors and the administrators who decide
whether a detainee may have a hearing or when the hearing is to be
scheduled are generally entitled to absolute immunity.

III-8

1. Qualified Immunity for Prison Officials

Federal officers, such as INS agents, who work in INS detention
centers are covered by qualified immunity.
•

General legal standard: Officers protected by qualified immunity will only
be liable for Bivens claims if they violated a clearly established constitutional
rightY Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982).

•

"Clearly established constitutional right":
o "For a constitutional right to be clearly established, its contours must be
sufficiently clear that a reasonable official would understand that what he
is doing violates that right." Hope v. Pelzer, 122 S. Ct. 2508, 2515 (2002)
(emphasis added).
o For example, in order to make a successful claim under the Eight
Amendment's cruel and unusual punishment clause, a detainee must
prove that a reasonable prison official would understand that his actions
amounted to deliberate indifference for the safety of the detainee. In a
recent case, the Supreme Court found that the use of a hitching post as a
means of punishing detainees constituted deliberate indifference.
Specifically, the Court found that because previous court cases, a
Department of Corrections regulation, and a Department of Justice report
informed prison officials that using a hitching post violated the Eighth
Amendment, a reasonable person would have known that using such
punishment violated a clearly established constitutional right. Id. at
2616-18.

2. Absolute Immunity
•

General legal standard: Federal officers and officials will not be held
liable for any decisions regarding whether or when to give a detainee an
administrative hearing.

•

Officials working within the INS administrative (rather than law
enforcement) system (i.e., decisionmakers) are usually protected by absolute
immunity rather than qualified immunity.

•

As these officials perform functions similar to prosecutors, they will not be
liable in a Bivens action for any of their discretionary decisions, such as
deciding in which facility to place a particular detainee. See Cleavinger v.
Saxner, 474 U.s. 193 (1985); Yaselli v. Golf, 275 U.S. 503 (1927).

9 In Bivens cases, the Supreme Court has adopted the same immunity rules used in cases brought
under 42 U.S.C. § 1983.

III-9

E.

ExHAUSTION OF ALTERNATIVE REMEDIES

In some situations, courts require plaintiffs to use other remedies to
address their complaint before bringing a Bivens action in federal court.
Exhaustion is required because it serves two purposes: (1) protective
administrative agency authority; and (2) promoting judicial authority. McCarthy v.
Madigan, 503 U.s. 140, 145 (1992). As a result, if an administrative agency, such
as the INS, has internal processes addressing the plaintiffs complaint, a court may
require the plaintiff to use those procedures before bringing a Bivens action.
•

Exhaustion for INS Detainees
o INS detainees who are being held in federal detention centers and who
are suing INS officials can bring Bivens actions without exhausting any
other administrative reme9ies, including internal INS procedures. See,
e.g., Edwards v. Johnson, 209 F.3d 772 (5th Cir. 2000).
o As Congress has not specifically mandated that INS detainees exhaust
(use) their administrative remedies before bringing a Bivens claim, it is
likely that detainees do not have to exhaust (use) other available
administrative remedies prior to filing suit in federal court under
Bivens. 10

F.

INITIATING A BIVENS COMPLAINT IN FEDERAL COURT

***** File the Bivens complaint with the appropriate court - a list of U.S. district
courts is attached in Appendix A. The complaint must contain ONLY
TRUTHFUL statements. Also complete the following:
1.

Pay all applicable fees. The filing fee will vary depending on the U.S. district
court in which you file your complaint steps:
~

If you cannot afford to pay the applicable filing fees, you may
apply to the court to proceed In Forma Pauperis - a formal request to
the court to excuse the payment of the necessary filing fees as well as
other legal costs. If the court approves your application, you may
proceed in court without having to pay the filing fee or other costs.

10 Whether a plaintiff must exhaust her administrative remedies prior to bringing a Bivens claim is
a complex legal question that remains undecided by the Supreme Court. Compare lVhitley v. Hunt,
158 F.3d 882 (5th Cir. 1998) (finding exhaustion to be unnecessary in Bivens claims brought for
monetary damages because federal prison regulations do not allow for administrative review at all if
the federal prisoner seeks damages), with Alexander v. Hawk, 159 F.3d 1321, 1325 (11th Cir. 1998)
(requiring the exhaustion of administrative remedies even though the federal prison system denies
review in such money damages cases).

III-10

It is highly recommended that you apply for this status at the same
time that you file your complaint.
~

The forms necessary to proceed In Forma Pauperis are provided in
AppendixB.
o First,:fill out the Motion to Proceed In Forma Pauperis.
o Second, fill out the Prisoner Certificate.
o Third,:fill out the Trust Account Withdrawal Authorization.

~

Send these forms to the court with your Bivens complaint. The court
will then review your application to determine whether you must pay
the costs. If a court does not believe that you are telling the truth
about your financial status, it may hold a hearing or require you to
submit additional proof of your financial status.

~

Finally, if the court denies your application, the decision is
appealable pursuant to 28 U.S.C. § 1291.

2.

Request a copy of the court's local rules.

3.

Complete all other necessary paperwork as instructed by the local
rules or the clerk (e.g., summons, civil cover sheet, etc.).

4.

Legal Assistance. Bivens suits are civil actions. Consequently, there is no
guarantee that an attorney will represent you if you are unable to afford one.
28 U.S.C. § 1915(e)(I). However, you may request that the court appoint a
lawyer for you. File the sample Motion for the Appointment of Counsel
provided in Appendix C when you file your complaint. The court will then
decide whether or not to provide a lawyer to you.
G.

WHAT MAy HAPPEN AFTER You FILE YOUR COMPLAINT

.:. Motion To Dismiss: After you file your suit, the defendant may
immediately file a motion to dismiss the complaint under Federal Rule of
Civil Procedure 12(b). Specifically, the defendant is likely to file the motion
to dismiss pursuant to 12(b)(6) - "for failure to state a claim upon which relief
can be granted."
•

A 12(b)(6) dismissal challenges the merits of your complaint. By filing
this motion, the officer claims that the "wrong" you have described in
your complaint does not entitle you to any legal assistance. If a court
finds this to be true, it will not award you damages - even if you can
prove all of the facts alleged in your complaint. Furthermore, if a court

III-II

grants this motion, your suit will be dismissed - you will not be able to
present your case to a jury.
•

How to Defend Against a 12(b)(6) - Motion to Dismiss
• Always file a response to let the judge know that you
oppose the motion. You must check the local rules of the
court to determine how much time you have to respond to the
motion. Most local rules grant a party 20 days to respond to a
motion to dismiss. If you fail to file a response within the time
required by the local rule, the court is likely to consider the
motion uncontested and will ordinarily grant the motion without
further notice.
• Besides filing a response, you may also amend your complaint.
1. Amendment as of right. You may automatically amend
the complaint pnce - in accordance with Federal Rule of Civil
. Procedure 15(a) - before the United States makes a
responsive pleading (i.e., files an answer to the complaint,
not a motion to dismiss).
2. Amendment by leave of court. If the defendant serves his
answer or makes another responsive pleading, then your
complaint may be amended only with the court's permission.
•

If the complaint is dismissed in response to the defendant's
motion, a court may give you the opportunity to amend your
complaint and to refile it with the court. You may be able to cure a
technically defective complaint by adding some missing information.

•:. Discovery: If your complaint is not dismissed and your lawsuit continues,
then you and the defendants will engage in a procedure known as "discovery."
In discovery, the plaintiff and the defendant exchange materials in order to
"discover" the claims and defenses that each side has raised in the lawsuit.
The purpose of discovery is to obtain enough facts and information from your
opponent so that you will be prepared for trial. See generally Federal Rules of
Civil Procedure 26-37 for information about discovery.
•:. Discovery lasts for as little as two months or as much as two years, and
generally includes the following:
•

Interrogatories. These are written answers about the case that you
may submit to your opponent and that your opponent may submit to
you. Answers to interrogatories must be given under oath, i.e., the
person answering the questions must swear under penalty of perjury
that his answers are true. Consult Federal Rule of Civil Procedure 33
for more information about interrogatories.

111-12

•

Document Requests. You and your opponent may exchange written
requests for documents about the case. Consult Federal Rule of Civil
Procedure 34 for more information about document requests.

•

Depositions. In a deposition, one party asks oral questions of another
party or a witness who is under oath. The deposition is usually
conducted outside of the courtroom, and a transcript (a word-for-word
account) is made of the proceedings. Consult Federal Rule of Civil
Procedure 30 for more information about depositions.

•

Requests for Admission. These are written statements of facts
about the case which you submit to your opponent (or which your
opponent submits to you) and which must either be admitted or denied.
The court treats admitted statements as having been established and
need not be proven at ti"ial. Consult Federal Rule of Civil Procedure 36
for more information about requests for admissions.

•:. Motions for Summary Judgment: At the conclusion of discovery, you or
your opponent may file a motion for summary judgment. This motion asks
the court to find that there are no genuine issues of material fact and that the
moving party is entitled to judgment as a matter of law. See Federal Rule of
Civil Procedure 56.
•

If summary judgment is granted on all issues, then judgment will
be entered for the prevailing party and no trial will be held.

•

If summary judgment is denied on some or all issues, then a trial
will be held to determine the remaining issues in dispute.

•:. Trial: Trial will be held in court before a judge and/or a jury. Consult your
court's local rules and Federal Rules of Civil Procedure 38-53 for more
information on how your trial may be conducted.
•:. Post-trial motions: The parties may file motions with the court after the
trial to ask for a new trial or to request judgment as a matter of law on the
basis of the evidence that was presented at trial. Consult Federal Rules of
Civil Procedure 50 and 59 for more information on post-trial motions.
•:. Appeal: The court will enter a final Judgment on all claims at the
conclusion of the trial and after the court decides any post-trial motions. The
losing party has the right to appeal the final Judgment. Generally, the
losing party must file a Notice to Appeal within 30 days after Judgment is
entered, although this time may be extended if post-trial motions are filed.
Consult the Federal Rules of Appellate Procedure for more information on
how and when to file an appeal.

III-I3

SAMPLE BIVENS COMPLAINT

ISAMPLE COMPLAINT: DO NOT SUBMITl

•

UNITED STATES DISTRICT COURT
FOR THE
[
] DISTRICT OF [
For example, Southern District of New York

]

)
)
)
)
)

[YOUR NAME]
Plaintiff,

)

Case No.

)
)
)

[ NAME(S) OF INDIVIDUAL
OFFICER(S) ].
Defendant,

[

]

• Leave blank for now Case number will be filled in
by Clerk of Court

)
)
)
)
)
)
)

COMPLAINT
JURISDICTION
1.
This action arises under Bivens v. Six Unknown Named Agents of Federal
Bureau of Narcotics, 403 U.S. 388 (1971).
2.

Jurisdiction is conferred on this Court by 28 U.S.C. § 1331.

3.
The Court has personal jurisdiction over the defendant because the alleged
incidents occurred within the confines of this Court.
•

Explain in what specific facility the incidents occurred, i.e., the name of the
facility and city I state so that it is clear that the incidents occurred within the
court's jurisdiction.

VENUE
4.
Venue is proper in the [1-U.S.C. § 1391.
•

-.1] District of L-[- -_ _---..I] pursuant to 28

Same court as at the top of the first page of the complaint.

PARTIES
5.
Plaintiff [your name] is a citizen of [your country]. Plaintiff resides at
[your address], within the confines of this court.
6.
Defendants [names of defendant(s)/government employee(s)] were
employees of the [name o{federal agency, e.g., the Immigration and
Naturalization Service], an agency of the United States of America, and acted
within the scope of federal employment, at the time of the incident.
•

If there is a question about whether the defendant is a federal officer - i.e., the
defendant is a state or county employee - then this part of the complaint
should contain more details. For example, explain that the defendant should
be considered an agent!employee of the INS or other federal agency because he
was acting under federal guidelines or at the instruction of federal officials.

FACTS
7.
On [date of incident], defendants, [names of defendants], [generally
explain what the government employee did that gave rise to a
constitutional violation(s)].
8.
As a result of these unconstitutional actions by defendants, plaintiff was
[explain the injuries that resulted from defendant's actions. Use more
than one numbered paragraph if multiple injures resulted from
defendant(s)'s actions].

CAUSES OF ACTION
•

If there is more than one constitutional violation, it may be easier to separate
them from each other. Briefly explain each constitutional violation using the
specific facts related to that violation and the legal basis for finding a
violation. Only list those constitutional violations that apply to your case.

First Amendment
Freedom of Speech & Religion
"Congress shall make no law respecting an establishment of religion,
or prohibiting the free exercise thereof; or abridging the freedom of
speech." U.S. Const. amend. 1.
9.
[If applicable, explain what the government did to violate your
freedom of expression.] .
•

Could the officer have protected prison safety without violating plaintiff's right
to freedom of expression and freedom of religion as much?

Fourth Amendment
Unlawful Search and/or Seizure
"The right of the people to be secure in their persons, houses, papers, and
effects, against unreasonable searches and seizures, shall not be violated, and
now warrants shall issue but upon probable cause, supported by oath or
affirmation, and particularly describing the place to be searched, and the
persons or things to be seized." U.S. Const. amend. IV
10.
[If applicable, explain why the defendant's actions constitute an
unlawful search and/or seizure.]
•
•

The court will balance the need for the search against the individual's right to
pnvacy.
How reasonable was the officer's search or seizure in light of the need for
prison safety and plaintiff's right to privacy?

Fifth Amendment
Due ProcesslEqual Protection Clause
"No person shall ... be deprived of life, liberty, or property, without
due process oflaw." U.S. Const. amend. V.

11.
[If applicable, explain why defendant(s) actions constituted
deprivation of life, liberty, or property without due process. NOTE: was it
possible to prevent the actions with process?]
•
•
•

Were you denied a right to a hearing, to counsel, or to other constitutional
rights without a hearing?
Were you discriminated against because ofyour religion, race, sex, or national
origin? These Equal Protection claims MUST BE INCLUDED HERE.
Pretrial detainees should also include claims under the Cruel and Unusual
Punishment Clause of the Eighth Amendment.

Sixth Amendment
"In all criminal prosecutions, the accused shall enjoy the right to a speedy
and public trial ...". U.S. Const. amend. VI
12.
[If applicable, explain why you were denied the right to counselor
legal materials or access to the courts. NOTE: This Amendment does NOT
apply to deportation proceedings]

Eighth Amendment
Cruel and Unusual Punishment
"Excessive bail shall not be required, nor excessive fines imposed, nor
cruel and unusual punishments inflicted." U.S. Const. amend. VIII.
13.
[If applicable, explain why the government employee's actions
constitute cruel and unusual punishment. Did the officers show deliberate
indifference to your health or safety?] [NOTE: For pretrial detainees,
these claims should be included under the Fifth Amendment Due Process
Clause.]
•

Did the officer know of a risk to an inmate that he purposefully ignored?

PRAYER
14.
of $

L-l

Wherefore plaintiff demands judgment against defendant(s) in the sum
dollars and costs.

JURY DEMAND

15.
Pursuant to Federal Rule of Civil Procedure 38(b), Plaintiff [your
name] hereby demands a trial by jury as to all issues so triable.

Respectfully submitted,

•
•
•
•

Your Signature or Your Attorney's Signature
Your name printed
Your Address
City, State, Zip Code

•

DATE

UNITED STATES DISTRICT COURT
FOR THE
_ _ _ _ _ _ _ DISTRICT OF

_

)
)
)
)
)

Plaintiff,

)

v.

Defendant,

Case No.

)
)
)
)
)
)
)
)
)
)

COMPLAINT
JURISDICTION
1.
This action arises under Bivens v. Six Unknown Named Agents of Federal
Bureau of Narcotics, 403 U.S. 388 (1971).
2.

Jurisdiction is conferred on this Court by 28 U.S.C. § 1331.

3.
The Court has personal jurisdiction over the defendant because the alleged
incidents occurred within the confines of this Court.

VENUE
4.
Venue is proper in the
pursuant to 28 U.S.C. § 1391.

District of

_

PARTIES
5.
Plaintiff
resides at
the confines of this court.

is a citizen of

Plaintiff
, within

6.
Defendants
_
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ were employees of
_
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _, an agency of the United States
of America, and acted within the scope of federal employment, at the time of the
incident.

FACTS
7.

On

, defendants,

_

8.
was

As a result of these unconstitutional actions by defendants, plaintiff
_

CAUSES OF ACTION
First Amendment
Freedom of Speech & Religion
"Congress shall make no law respecting an establishment of religion,
or prohibiting the free exercise thereof; or abridging the freedom of
speech." U.S. ConsLamend. 1.
9.

Fourth Amendment
Unlawful Search and/or Seizure
"The right of the people to be secure in their persons, houses, papers, and
effects, against unreasonable searches and seizures, shall not be violated, and
now warrants shall issue but upon probable cause, supported by oath or
affirmation, and particularly describing the place to be searched, and the
persons or things to be seized." U.S. Const. amend. IV
10.

Fifth Amendment
Due ProcesslEqual Protection Clause
"No person shall ... be deprived of life, liberty, or property, without
due process oflaw." U.s. Const. amend. V.

11.

_

Sixth Amendment
"In all criminal prosecutions, the accused shall enjoy the right to a speedy
and public trial ..." U.S. Const. amend. VI
12.

Eighth Amendment
Cruel and Unusual Punishment
"Excessive bail shall not be required, nor excessive fines imposed, nor
cruel and unusual punishments inflicted." U.S. Const. amend. VIII.
13.

_

PRAYER
14.
Wherefore plaintiff demands judgment against defendant(s) in the sum
of $ __dollars and costs.

JURY DEMAND

15.
Pursuant to Federal Rule of Civil Procedure 38(b), Plaintiff
_ _ _ _ _ _ hereby demands a trial by jury as to all issues so triable.

Respectfully submitted,

_

IV.

Relationship Between FTCA, Bivens, and § 1983 Claims

.:. Detainees may be able to make a FTCA claim against the United States
AND Bivens action AND/OR a 42 U.S.C. § 1983 claim against individual
officers on the basis of the same incident or factual situation. FTCA
claims are brought against the federal government under state tort law.
The FTCA is designed to provide monetary compensation for wrongful acts
or failures to act that result in personal injury or property loss or damage.
Bivens and § 1983 claims provide monetary compensation for violations of
constitutional rights. Bivens claims are made against federal officials or
officers, while § 1983 claims are brought against state or local officials or
officers.
•:. Once an individual obtains a FTCA judgment against the United States,
however, Bivens actions against individual federal defendants based on
the same acts and events are prohibited. Accepting any FTCA judicial
award, compromise, or settlement "shall be final and conclusive on the
claimant, and shall constitute a complete release of any claim against the
United States and against the employee whose act gave rise to the claim
based on the same subject matter." Serra v. Pichardo, 786 F.2d 237,23940 (6th Cir. 1986) (emphasis added) .
•:. A detainee who files Bivens and FTCA claims based on the same facts
MUST ASK the court to try the Bivens claims in front of the jury
BEFORE a decision is rendered or a judgment is entered with regard to
the FTCA claims. The reason for this is simple: if a decision is rendered
or a judgment is entered with regard to the FTCA claims, the Bivens claim
is immediately BARRED. As a result, the detainee will be UNABLE TO
RECEIVE ANY DAMAGES from the Bivens claim. See, e.g., Rodriguez v.
Handy, 873 F.2d 814,816 (5th Cir. 1989); Arevalo v. Woods, 811 F. 2d 487,
490 (9th Cir. 1987); Serra v. Pichardo, 786 F.2d 237, 241 (6th Cir. 1986).
•:. Refer to the Handbook's Bivens section at page 111-8 for more information
on the relationship between Bivens and 42 U.S.C. § 1983 claims.
•:. IT IS ADVISABLE THAT DETAINEES OBTAIN A LAWYER TO
ASSIST WITH THEIR CASES AS THIS HANDBOOK DOES NOT
SUBSTITUTE FOR ACTUAL LEGAL ADVICE OR
REPRESENTATION.

IV

APPENDIX A: ADDRESSES OF
ALL U.S. DISTRICT COURTS

Addresses ot all U.S. District Courts
(Clerks' Offices)
Alabama
Northern District of Alabama
140 U.S. Courthouse
1729 5th Ave. North
Birmingham, AL 35203
205-278-1700
Middle District of Alabama
206 U.S. Courthouse
15 Lee St.
P.O. Box 711 (36101-0711)
MontgomerY,AL 36104
334-954-3600
Southern District of Alabama
U.S. Courthouse
113 St. Joseph St.
Mobile, AL 36602-3621
251-690-2371

Alaska
District of Alaska
Fed Bldg. & U.S. Courthouse
222 W. 7th Ave., Rm. 229
Anchorage, AK 99513-7564
907-677-6100

Western District of Arkansas
S. 6 th & Rogers Ave. (72901)
P.O. Box 1547
Ft. Smith, AR 72902-1547
501-783-6833
500 Stateline Ave. (71854)
P.O. Box 2746
Texarkana,AR 75504-2746
870-773-3381
100 Reserve St. (71901)
P.O. Drawer 6406
Hot Springs, AR 71902
501-623-6411
101 S. Jackson (71730)
P.O. Box 1566
EI Dorado, AR 71731-1566
870-862-1202
510 Federal Bldg.
35 E. Mountain (72701)
P.O. Box 6420
Fayetteville, AR 72702-6420
501-521-6980

Arizona
District of Arizona
130 O'Connor U.S. Courthouse
401 W. Washington St.
Phoenix, AZ 85003-2118
602-322-7200

California
Northern District of California
Burton U.s. Courthouse
P.O. Box 36060
450 Golden Gate Ave.
San Francisco, CA 94102-3489
415-522-2000

405 W. Congress St.
Suite 1500
Tucson, AZ 85701-5010
520-205-4200

2112 U.S. Courthouse
280 S. First St.
San Jose, CA 95113
408-535-5364

Arkansas
Eastern District of Arkansas
402 U.S. Courthouse
600 W. Capitol Ave.
Little Rock, AR 72201-3325
501-604-5351

Federal Building and U.S. Courthouse
1301 Clay St., Ste. 400 South
Oakland, CA 94612-5212
510-637-3530

Eastern District of CA
U.S. Courthouse
501 I St., Suite 4·200
Sacramento, CA 95814-2322
916-930·4000
5000 U.S. Courthouse
1130 "0" St.
Fresno, CA 93721
559·498-7483
Central District of CA
G-8 U.s. Courthouse
312 N. Spring St.
Los Angeles, CA 90012
213·894-1565
Reagan Fed. Bldg. & Courthouse
411 W. Fourth St.
Santa Ana, CA 92701
714-338-4570
3470 Twelfth St.
Riverside, CA 92501
909-328-4450
Southern District of CA
4290 U.s. Courthouse
880 Front St.
San Diego, CA 92101·8900
619-557·5600

Colorado
District of Colorado
C-226 U.S. Courthouse
1929 Stout St.
Denver, CO 80294
303-844·3433

Connecticut
District of Connecticut
450 Main St.
Hartford, CT 06103
860-240-3200
141 Church St.
New Haven, CT 06510
203-773-2140

915 Lafayette Blvd.
Bridgeport, CT 06604
203-579·5861

Delaware
District of Delaware
U.S. Courthouse (Lockbox 18)
844 King St.
Wilmington, DE 19801-3570
302·573-6170

District of Columbia
E. Barrett Prettyman U.S. Courthouse
333 Constitution Ave., NW
Washington, DC. 20001-2802
202-354-3050

Florida
Northern District of FL
U.S. Courthouse
1 N. Palafox St.
Pensacola, FL 32501
850-435-8440
U.S. District Court
III N. Adams St.
Tallahassee, FL 32301-7717
850-521·3501
243 Federal Bldg.
401 SE First Ave.
Gainesville, FL 32601·6805
352-380-2400
Middle District of FL
Sam M. Gibbons U.s. Courthouse
801 N. Florida Ave. #223
Tampa, FL 33602-3800
813-301-5400
U.S. Courthouse
311 W. Monroe St. #110
Jacksonville, FL 32202
904-549-1900
Young U.S. Courthouse & Fed. Bldg.
80 N. Hughey Ave. #300
Orlando, FL 32801-2278
407-835-4200

U.S. Courthouse & Fed. Bldg.
2110 First St., #2-194
Ft. Myers, FL 33901
941-461-2000
Golden-Collum Memorial
Federal Bldg. & Courthouse
207 N.W. Second Ave.
Ocala, FL 34475
352-369-4860
Southern District of FL
Federal Courthouse Square
301 N. Miami Ave., Ste. 150
Miami, FL 33128
305-523-5100
299 E. Broward Blvd. Rm. 108
Ft. Lauderdale, FL 33301
954-769-5400
Rogers Fed. Bldg. & U.S. Courthouse
701 Clematis St., Rm. 402
W. Palm Beach, FL 33401
561-803-3400

Georgia
Northern District of GA
2211 Russell Federal Building
U.S. Courthouse
75 Spring St., SW
Atlanta, GA 30303-3361
404-215-1660

Federal Building
121 Spring St., S.E
Room 201
Gainesville, GA 30501
678-450-2760
18 Greenville St.
Newnan, GA 30264
678-423-3060
U.S. Courthouse
P.O. Box 1186
Rome, GA 30161-1186
706-291-5629
Middle District of GA
U.S. Courthouse
475 Mulberry St., Suite 216

P.O. Box 128 (31202)
Macon, GA 31201
478-752-3497
U.S. Post Office Bldg.
345 Broad Ave., Suite 106
Albany, GA 31701
229-430-8432
115 E. Hancock Avenue
P.O. Box 1106
Athens, GA 30601
706-227-1094
120 12th Street
P.O. Box 124
Columbus, GA 31902
706-649-7816
404 N. Broad Street
Thomasville, GA 31792
229-226-3651
401 N. Patterson Street, Suite 212
P.O. Box 68
Valdosta, GA 31601
229-242-3616
Southern District of GA
P.O. Box 8286 (31412-8286)
125 Bull St., Rm. 306
Savannah, GA 31401
912-650-4020
500 E. Ford St.
P.O. Box 1130 (30903)
Augusta, GA 30901
706-849-4400
801 Gloucester St. (31520)
P.O. Box 1636
Brunswick, GA 31521
912-280-1330
125 Bull Street, Room 237
Savannah, Georgia 31401
912-650-4020
501 East Ford Street, Third Floor
Augusta, Georgia 30901
706-849-4400

801 Gloucester Street, Third Floor
Brunswick, Georgia 31520
912-280-1330

Guam
District of Guam
4 th Fl., U.S. Courthouse
520 West Soledad Ave.
Hagatna, Guam 96910
671-473-9100

Rockford,IL 61101
815-987-4354
Central District of IL
151 Federal Bldg.
600 East Monroe St.
Springfield, IL 62701
217·492-4020
309 Federal Bldg.
100 N.E. Monroe St.
Peoria, IL 61602
309-671·7117

Hawaii
District of Hawaii
C-338 U.S. Courthouse
300 Ala Moana Blvd.
Honolulu, HI 96850-0338
808-541-1300

218 U.S. Courthouse
201 S. Vine St.
Urbana,IL 61802
217-373-5830

Idaho
District of Idaho
U.S. Courthouse
550 W. Fort St., MSC 039
Boise,ID 83724
208-334-1361

Southern District of IL
Federal Courthouse
750 Missouri Ave.
P.O. Box 249 (62202)
East St. Louis, IL 62201
618-482-9371

U.s. Courthouse
801 E. Sherman St.
Pocatello, ID 83201
(208) 478-4123

U.S. Courthouse
301 W. Main St.
Benton, IL 62812
618-439-7760

U.S. Courthouse
220 E. 5th St. - Rm 304
Moscow, ID 83843
(208) 882-7612
U.S. Courthouse
205 N 4th - Rm 202
Couer d'Alene, ID 83814
(208) 664-4925

Illinois
Northern District of Illinois
Dirksen Building
219 S. Dearborn St.
Chicago, IL 60604
312-435-5670
252 Federal Building
211 S. Court St.

Indiana
Northern District of IN
1108 E. Ross Adair Courthouse
1300 S. Harrison, St.
Fort Wayne, IN 46802
574-424- 7360
102 Robert A. Grand Federal Building
204 S. Main St.
South Bend, IN 46601-2194
574-246-8000
214 Charles Halleck Fed. Bldg.
230 N. 4 th St.
P.O. Box 1498
Lafayette, IN 47902
765-420-6250

101 Federal Bldg.
507 State St.
Hammond, IN 46320
574-937-5235
Southern District of IN
105 U.S. Courthouse
46 East Ohio St.
Indianapolis, IN 46204
317-229-3700
304 U.S. Courthouse
101 N.W. MLK Blvd.
Evansville, IN 47708
812-465-6426

Iowa
Northern District of IA
301 U.S. Courthouse
320 Sixth St., Rm. 300
Sioux City, IA 51101-1214
712-233-3900
P.O. Box 74710 (52407-4710)
Federal Building
101 First St. SE, Suite 313
Cedar Rapids, IA 52401-1231
319-286-2300
Southern District of Iowa
U.S. Courthouse, Rm. 200
123 E. Walnut St.
P.O. Box 9344 (50306-9344)
Des Moines, IA 50309
515-284-6248

Kansas
District of Kansas
259 Robert J. Dole U.S. Courthouse
500 State Ave.
Kansas City, KS 66101
913-551-6719
204 U.S. Courthouse
401 North Market
Wichita, KS 67202
316-269-6491

490 U.S. Courthouse
444 S.E. Quincy
Topeka, KS 66683
785-295-2610

Kentucky
Eastern District of Kl'
P.O. Box 3074
206 U.s. Courthouse
101 Barr St. (40507)
Lexington, ~ 40588-3074
859-233-2503
313 Watts Federal Bldg.
330 W. Broadway
Frankfort,~ 40601-1993
502-223-5225
124 Federal Courthouse
300 S. Main St.
P.O. Box 5121
London,~ 40745-5121
606-864-5137
P.O. Box 1073
35 W. Fifth St.
Covington, ~ 41012-1073
859-392-7925
336 Federal Bldg.
1405 Greenup Ave.
Ashland,1..1 41101-2187
606-329-2465
Western District of ~
106 Snyder U.S. Courthouse
601 W. Broadway
Louisville, 1..1 40202
502-625-3500
127 Federal Bldg.
501 Broadway
Paducah,KY 42001
270-443-1337
126 Federal Bldg.
423 Frederica St.
Owensboro, 1..1 42301-3013
270-683-0221

Louisiana
Eastern District of LA
C-151 U.S. Courthouse
500 Camp St.
New Orleans, LA 70130-3367
504-589-7600

Maryland
District of Marvland
101 W. Lombard St., Rm. 4415
Baltimore, MD 21201-2691
410-962-2600

Middle District of LA
Russell B. Long Fed. Bldg.
777 Florida St., Suite 139
Baton Rouge, LA 70801-1712
225-389-3500

U.S. Courthouse, 2 nd Fl.
6500 Cherrywood Lane
Greenbelt, MD 20770
301-344-0660

Western District of LA
1167 U.S. Courthouse
300 Fannin St.
Shreveport, LA 71101
318-676-9274

Massachusetts
District of MA
Moakley U.S. Courthouse
1 Courthouse Way, Suite 2300
Boston, MA 02210
617-748-9152

2100 U.S. Courthouse
800 Lafayette St.
Lafayette, LA 70501
337-593-5000
188 Courthouse and Fed. Bldg.
611 Broad St.
Lake Charles, LA 70601
337-437-3870
215 Federal Bldg.
201 Jackson St. (71201)
P.O. Drawer 3087
Monroe, LA 71210
318-322-6740
P.O. Box 1269
Alexandria, LA 71309-1269
318-473-7415

Maine
District of Maine
U.S. District Court
156 Federal St.
Portland, ME 04101
207-780-3356
Smith Federal Bldg.
P.O. Box 1007 (04402-1007)
202 Harlow St.
Bangor, ME 04401
207-945-0575

Donohue Federal Bldg.
595 Main St., Rm. 502
Worcester, MA 01608-2076
508-929-9900
Federal Bldg. & Courthouse
1550 Main St.
Springfield, MA 01103-1422
413-785-0015

Michigan
Eastern District of Michigan
Theodore Levin U.S. Courthouse
Fifth Floor
231 W. Lafayette Blvd.
Detroit, MI 48226
313-234-5000
P.O. Box 8199 (48107)
200 E. Liberty St., Rm. 120
Ann Arbor, MI 48104
734-741-2380
P.O. Box 913 (48707)
304 Post Office Bldg.
1000 Washington Ave.
Bay City, MI 48708
989-894-8800
600 Church St., Rm. 140
Flint, MI 48502
810-341-7840

Western District of Michigan
399 Federal Bldg.
110 Michigan St., NW
Grand Rapids, MI 49503-2363
616-456-2381

243 Federal Bldg.
725 M.L.K. Blvd.
Biloxi, MS 39530
228-432-8623

B-35 U.S. Courthouse & Fed. Bldg.
410 W. Michigan Ave.
Kalamazoo, MI 49007
616-337-5706

200 U.S. Courthouse & Fed. Bldg.
701 Main Street
Hattiesburg, MS 39401
601-583-2433

113 Federal Building
315 W. Allegan St.
Lansing, MI 48933
517-377-1559

Minnesota
District of Minnesota
708 Burger Federal Bldg.
316 N. Robert St.
St. Paul, MN 55101
651-848-1100
202 U.s. Courthouse
300 S. 4th St.
Minneapolis, MN 55415
612-664-5000

Mississippi
Northern District of Mississippi
369 Federal Bldg.
911 Jackson Ave.
Oxford, MS 38655
662-234-1971
P.O. Box 704
301 W. Commerce St., #308
Aberdeen, MS 39730
662-369-4952
P.O. Box 190 (38702-0190)
329 Post Office Bldg.
305 Main St.
Greenville, MS 38701
662-335-1651
Southern District of Mississippi
316 Eastland Courthouse
245 E. Capitol St.
Jackson, MS 39201
601-965-4439

Missouri
Eastern District of Missouri
Eagleton U.S. Courthouse
111 South 10 th St., 3rd FL
St. Louis, MO 63102
314-244-7900
Western District of Missouri
1510 U.S. Courthouse
400 E. Ninth St.
Kansas City, MO 64106
816-512-5000

Montana
District of Montana
Rm. 5405, Federal Bldg.
316 N. 26 th St.
Billings, MT 59101
406-247-7000
301 S. Park St., Rm. 542
Drawer 10015
Helena, MT 59626-0015
406-441-1355
Post Office Bldg.
P.O. Box 8537 (59807-8537)
Missoula, MT 59801
406-542- 7260

Nebraska
District of Nebraska
Hruska U.S. Courthouse
111 S. 18 th Plaza, Ste. 1152
Omaha, NE 68102-1322
402-661-7350

P.O. Box 83468 (68501-3468)
593 Federal Bldg.
Lincoln, NE 68508
402-437-5225

P.O. Box 2384
224 U.s. Courthouse
So. Federal Plaza (87501)
Santa Fe, NM 87504-2384
505-988-6481

Nevada
District of Nevada
Lloyd D. George U.s. Courthouse
333 Law Vegas Blvd. South
Las Vegas, NV 89101
702-464-5400

E202 Federal Bldg.
200 East Griggs St.
Las Cruces, NM 88001
505-527-6800

New Hampshire
District of New Hampshire
Rudman U.S. Courthouse
55 Pleasant St., Rm. 110
Concord, NH 03301
603-225-1423

New Jersey
District of New Jersev
M.L.K. Fed. Bldg. & U.S. Courthouse
50 Walnut St., Rm. 4015
P.O. Box 419
Newark, NJ 07101-0419
973-645-3730/4566
Fisher Fed. Bldg. & U.S. Courthouse
402 E. State St., Rm. 2020
Trenton, NJ 08608
609-989-2065
M.H. Cohen U.s. Courthouse
1 John F. Gerry Plaza, Rm. 1050
400 Cooper St.
P.O. Box 2797
Camden, NJ 08101-2797
856-757-5021

New Mexico
District of New Mexico
333 Lomas Blvd. NW, Ste. 270
AJbuquerque, NM 87102
505-348-2000

New York
Northern District of New York
James F. Hanley Fed. Bldg.
100 S. Clinton St.
P.O. Box 7367
Syracuse,NY 13261-7367
315-234-8500/800-962-5514
222 James T. Foley Courthouse
445 Broadway
Post Office & Courthouse Bldg.
AJbany, NY 12207-2924
518-257-1800/800-827-9023
AJexander Pirnie Fed. Bldg.
10 Broad St.
Utica, NY 13501-1233
315-793-8151/800-827-9025
Federal Bldg. & U.S. Courthouse
15 Henry St.
Binghamton, NY 13902-2723
607-773-2893 / 800-827-9024
Eastern District of NY
U.S. Courthouse
225 Cadman Plaza East
Brooklyn, NY 11201
718-260-2600
Long Island Fed. Courthouse
100 Federal Plaza
Central Islip, NY 11722-4438
631-712-6000
Southern District of NY
U.S. District Court
500 Pearl St.
New York, NY 10007-1312
212-805-0136

U.S. Courthouse
300 Quarropas St., 1st Fl.
White Plains, NY 10601-4150
914-390-4100
Western District of NY
304 U.S. Courthouse
68 Court St.
Buffalo, NY 14202-3498
716-551-4211
2120 U.S. Courthouse
100 State St.
Rochester, NY 14614-1368
716-263-6263

North Carolina
Eastern District of NC
Terry Sanford Fed. Bldg.
310 New Bern Ave.
P.O. Box 25670 (27611)
Raleigh, NC 27601
919-645-1700
209 Fed. Bldg. & U.S. CtRse
201 South Evans St.
Greenville, NC 27835
252-830-6009
Water & Princess Streets
P.O. Box 338 (28402)
Wilmington, NC 28401
910-815-4663
Middle District of NC
P.O. Box 2708 (27402-2708)
U.S. Courthouse
324 W. Market St., Rm. 311
Greensboro, NC 27401
336-332-6000
Federal Bldg.
251 N. Main St.
Winston-Salem, NC 27101-3984
336-631-5007
Western District of NC
Charles Jonas Federal Bldg.
401 W. Trade St., Rm. 210
Charlotte, NC 28202
704-350-7400

309 U.S. Courthouse
100 Otis St.
Asheville, NC 28801-2611
828-771-7200

North Dakota
District of North Dakota
220 E. Rosser Ave., Rm. 476
P.O. Box 1193
Bismarck, ND 58502-1193
701-530-2300
Quentin Burdick U.S. CtRse
655 1st Ave., N., Ste. 130
Fargo, ND 58102-4932
701-297-7000
Minot Federal Building
100 1st Street SW
Minot, ND 58701
701-839-6251
Ronald N. Davies Federal Building
102 North 4th Street
Grand Forks, ND 58201
701-772-0511

Northern Mariana Islands
District of N. Mariana Islands
Roriguchi Bldg., 2 nd Fl.
Beach Rd., Garapan
P.O. Box 500687
Saipan, MP 96950-0687
670-236-2902

Ohio
Northern District of Ohio
102 U.S. Courthouse
201 Superior Ave.
Cleveland, OR 44114-1201
216-522-4355
114 U.S. Courthouse
1716 Spielbusch Ave.
Toledo, OR 43624-1363
419-259-6412

337 Fed. Bldg. & U.S. CtHse
125 Market St.
Youngstown,OH 44503-1780
330-746-1906
568 U.S. Courthouse
Two South Main St.
Akron,OH 44308-1813
330-375-5705
Southern District of Ohio
324 Potter Stewart U.S. CtHse
100 E. Fifth St.
Cincinnati, OH 45202
513-564-7500
Joseph P. Kinneary U.S. Courthouse
65 Marconi Blvd., Rm. 260
Columbus, OH 43215
614-719-3000
Federal Bldg.
200 W. Second St., Rm. 712
Dayton, OH 45402
937-512-1400

Oklahoma
Northern District of OK
411 U.S. Courthouse
333 West Fourth St.
Tulsa, OK 74103-3819
918-699-4700

1000 SW Third Ave.
Portland, OR 97204-2902
503-326-8008
100 Federal Bldg.
211 E. Seventh Ave.
Eugene, OR 97401
541-465-6423

Pennsylvania
Eastern District of PA
2609 U.S. Courthouse
Independence Mall, West
601 Market St.
Philadelphia, PA 19106-1797
215-597-7704
Middle District of PA
Nealon Fed. Bldg. & U.S. CtHse
235 N. Washington Ave.
P.O. Box 1148
Scranton, PA 18501
570-207-5600
U.S. CtHse & Fed. Bldg.
228 Walnut St.
P.O. Box 983
Harrisburg, PA 17108-0983
717-221-3920
P.O. & Fed. Bldg.
Third Street
P.O. Box 608
Williamsport, PA 17701-0608
570-323-6380

Eastern District of OK
P.O. Box 607 (74402-0607)
U.S. Courthouse
101 N. 5 th St.
Muskogee, OK 74401
918-687-2471

Western District of PA
829 U.S. Post Office and Courthouse
7th Ave. & Grant St.
Pittsburgh, PA 15219
412-208-7500

Western District of OK
1210 U.S. Courthouse
200 N.W. 4th St.
Oklahoma City, OK 73102-3092
405-609-5000

P.O. Box 1820 (16507-0820)
102 U.S. Courthouse
617 State St.
Erie, PA 16501
814-453-4829

Oregon
District of Oregon
740 U.S. Courthouse

208 Penn Traffic Bldg.
319 Washington St.
Johnstown, PA 15901
814-533-4504

Puerto Rico
District of Puerto Rico
150 Degetau Fed. Bldg.
Carlos Chardon Ave.
Hato Rey, PR 00918-1767
787-772-3011
Rhode Island
District of Rhode Island
Pastore Federal Bldg.
Two Exchange Terrace #356
Providence, RI 02903
401-752-7220

South Carolina
District of South Carolina
Strom Thurmond Fed. Courthouse
1845 Assembly St.
Columbia, SC 29201-2431
803-765-5816
Hollings Judicial Center
85 Broad St.
P.O. Box 835 (29402)
Charleston, SC 29401
843-579-1401
Haynsworth Federal Bldg.
300 E. Washington St.
Room 239
P.O. Box 10768 (29603)
Greenville, SC 29601
864-241-2700
McMillan Federal Bldg.
400 W. Evans St.
P.O. Box 2317 (29503)
Florence, SC 29501
843-676-3820

South Dakota
District of South Dakota
128 U.S. Courthouse
400 South Phillips Ave.
Sioux Falls, SD 57104-6851
605-330-4447
302 Fed. Bldg. & U.S. Courthouse
515 9th St.
Rapid City, SD 57701
605-342-3066

Tennessee
Eastern District of Tennessee
Baker U.S. Courthouse
800 Market St., Ste. 130
Knoxville, TN 37902
865-545-4228
309 Federal Bldg.
900 Georgia Ave.
P.O. Box 591 (37401)
Chattanooga, TN 37402
423-752-5200
211 U.S. Courthouse
101 Summer St. West
Greeneville, TN 37743
423-639-3105
200 South Jefferson Street
Room 201, U.S. Courthouse
Winchester, TN 37398
Phone: (931) 967-1444

Middle District of Tennessee
800 U.S. Courthouse
801 Broadway
Nashville, TN 37203-3869
615-736-2364
Western District of Tennessee
242 Federal Bldg.
167 N. Main St.
Memphis, TN 38103
901-495-1200
Federal Bldg.
111 S. Highland Ave.
Jackson, TN 38301
901-421-9200

Texas
Northern District of Texas
14A20 Cabell Federal Bldg.
1100 Commerce St.
Dallas, TX 75242-1003
214-753-2201

P.O. Box F-13240 (79189-3240)
205 E. Fifth St., #210
Amarillo, TX 79101-1556
806-324-2352
501 W. 10th St., Rm. 310
Fort Worth, TX 76102-3643
817-978-3132
C-221 Fed. Bldg. & U.S. Courthouse
1205 Texas Ave.
Lubbock, TX 79401-4002
806-472-7624
Eastern District of Texas
106 Federal Bldg.
211 W. Ferguson
Tyler, TX 75702
903-590-1000
216 Federal Bldg.
101 E. Pecan St.
Sherman, TX 75090
903-892-2921
301 U.S. Courthouse & P.O. Bldg.
500 N. State Line Ave.
Texarkana, TX 75501
903-794-8561
104 Brooks Federal Bldg.
300 Willow St.
Beaumont, TX 77701
409-654-7000
Federal Courthouse
104 N. Third St.
Lufkin, TX 75901
936-632-2739
Southern District of Texas
P.O. Box 61010 (77208-1010)
1217 U.S. Courthouse
515 Rusk Ave.
Houston, TX 77002
713-250-5500
600 E. Harrison St., #101
Brownsville, TX 78520
956-548-2500

1133 N. Shoreline Blvd.. Rm. 208
Corpus Christi, TX 78401-2349
361-888-3483
P.O. Box 2300 (77553-2300)
411 Post Office Bldg.
Galveston, TX 77550-5507
409-766-3530
P.O. Box 597 (78040-0597)
319 Federal Bldg.
1300 Matamoros St.
Laredo, TX 78040-5066
956-723-3542
P.O. Box 5059 (78502-5059)
1011 TX Commerce Bank Twr.
1701 W. Business Hwy. 83
McAllen, TX 78501-5178
956-618-8065
Western District of Texas
G-56 U.S. Courthouse
655 E. Durango Blvd.
San Antonio, TX 78206-1198
210-472-6550
130 U.S. Courthouse
200 W. Eighth St.
Austin, TX 78701
512-916-5896
350 U.S. Courthouse
511 E. San Antonio St.
El Paso, TX 79901-2401
915-534-6725
U.S. Courthouse
800 Franklin St.
Waco, TX 76703
254-750-1501
107 U.S. Courthouse
200 East Wall St.
Midland, TX 79701
915-686-4001

Utah
District of Utah
150 U.S. Courthouse
350 South Main St.
Salt Lake City, UT 84101-2180
801-524-6100

Vermont
District of Vermont
506 Federal Bldg.
11 Elmwood Ave.
P.O. Box 945
Burlington, VT 05402
802-951-6301
P.O. Box 998
206 Federal Bldg.
204 Main St.
Brattleboro, VT 05302
802-254-0250

Virgin Islands
District of the Virgin Islands
310 Federal Bldg.
5500 Veterans Dr.
Charlotte Amalie
St. Thomas, VI 00802-6424
340-774-0640
219 Almeric L. Christian Fed. Bldg.
& U.S. Courthouse
3013 Est. Golden Rock
C'sted, St. Croix 00820-4355
340-773-1130

Virginia
Eastern District of Virginia
401 Courthouse Sq.
Alexandria, VA 22314-5798
703-299-2100
193 U.S. Courthouse
600 Granby St.
Norfolk, VA 23510-1811
757-222-7204
307 Powell U.S. Courthouse
1000 E. Main St., Suite 307
Richmond, VA 23219-3525
804-916-2200

Western District of Virginia
P.O. Box 1234 (24006-1234)
Poff Federal Bldg.
210 Franklin Rd., SW
Roanoke, VA 24011
540-857-5100
U.S. Courthouse & P.O. Bldg.
180 W. Main St.
P.O. Box 398 (24210-0398)
Abingdon, VA 24212
276-628-5116
304 U.S. Courthouse
255 W. Main St.
Charlottesville, VA 22902
434-296-9284
202 U.S. Courthouse & P.O. Bldg.
P.O. Box 52 (24543-0053)
700 Main St.
Danville, VA 24541
434-793-7147
212 U.S. Courthouse & P.O. Bldg.
1100 Main St. (24504)
P.O. Box 744
Lynchburg, VA 24505-0744
434-847-5722

Washington
Eastern District of WA
840 Foley U.S. Courthouse
W. 920 Riverside Ave.
P.O. Box 1493 (99210-1493)
Spokane, WA 99201
509-353-2150
P.O. Box 2706 (98907-2706)
25 S. Third St.
Yakima, WA 98901
509-575-5838
P.O. Box 1386
825 Jadwin Ave., Rm. 187
Richland, WA 99352-1386
509-376-7261

Western District of WA
215 U.S. Courthouse
1010 Fifth Ave.
Seattle, WA 98104-1125
206-553-5598
3100 Union Station Bldg.
1717 Pacific Ave.
Tacoma, WA 98402-3226
253-593-6313

West Virginia
Northern District of WV
300 Third St.
P.O. Box 1518
Elkins, WV 26241-1518
304-636-5198
500 West Pike St.
P.O. Box 2857
Clarksburg, WV 26301
304-622-8513
217 W. King St., Rm. 207
Martinsburg, WV 25401
304-267-8225
207 Federal Bldg.
12 th & Chapline Streets
P.O. Box 471
Wheeling, WV 26003
304-232-0011
Southern District of WV
2400 Robert Byrd U.S. CtHse
300 Virginia St., East
P.O. Box 2546 (25329-2546)
Charleston, WV 25301
304-347-3000

U.S. Courthouse & IRS Complex
P.O. Box 5009
110 N. Heber St.
Beckley, WV 25801
304-253-7481
101 Federal Bldg.
845 Fifth Ave.
P.O. Box 1570 (25716)
Huntington, WV 25701
304-529-5588

Wisconsin
Eastern District of Wisconsin
362 U.S. Courthouse
517 East Wisconsin Ave.
Milwaukee, WI 53202
414-297-3372
Western District of Wisconsin
120 N. Henry St.
P.O. Box 432
Madison, WI 53701-0432
608-264-5156

Wyoming
District of Wvoming
2120 Capitol Ave., #2131
P.O. Box 727 (82003-0727)
Cheyenne, VVY 82001
307-772-2145
121 U.S. Courthouse
111 S. Wolcott
Casper, VVY 82601
307-261-5440

APPENDIX B: IN FORMA
PAUPERIS APPLICATION
FORMS

UNITED STATES DISTRICT COURT
FOR THE
_
DISTRICT OF
_

Plaintiff
Case No.
_
(to be filled in by Clerk)

v.

MOTION AND DECLARATION UNDER
PENALTY OF PERJURY IN SUPPORT
OF MOTION TO PROCEED IN FORMA
PAUPERIS

Defendant.

I,
, declare, depose, and say that I am the
Plaintiff in this case. In support of my motion to proceed without being required to
prepay fees, costs or give security under 28 U.S.C. § 1915, I state that because of my
poverty I am unable to pay the costs of said proceeding or to give security therefore.
I believe I am entitled to redress.
I declare that the responses that I have made below are true.
1. If you are presently employed, state the amount of your salary wage per month,
and give the name and address of your last employer.

2. If you are NOT PRESENTLY EMPLOYED, state the date of last employment
and amount of the salary per month which you received and how long the
employment lasted.

3. Have you received, within the past twelve months, any money from any of the
following sources?
a.
b.
c.
d.
e.
f.

Business, profession or form of self-employment?
Rent payments, interest or dividends?
Pensions, annuities or life insurance payments?
Gifts or inheritances?
Family or friends?
Any other sources?

Yes D
Yes D
Yes D
Yes
Yes
Yes

NoD
NoD
NoD
NoD
NoD
NoD

If you answered yes to any of the questions above, describe each source of money
and the amount received from each during the past 12 months.

4. Do you own any cash, or do you have money in a checking or savings account,
including any funds in prison accounts?
Yes 0
No 0
If the answer is yes, state the total value owned.
_
5. Do you own any real estate, stocks, bonds, notes, automobiles, or other valuable
property (including ordinary household furnishings and clothing)? Yes 0
No
If the answer is yes, describe the property and state its approximate value.
_

6. List the person(s) who are dependent upon you for support, state your
relationship to those person(s), and indicate how much you contribute toward their
support at the present time.

7. List any other debts (current obligations, indicating amounts owed and to whom
they are payable).

8. State any special financial circumstances that the court should consider in this
application.

I understand that a false statement or answer to any questions in this declaration
will subject me to the penalties for perjury.
I declare under penalty of perjury that the foregoing is true and correct.
Signed this

day of
day

_
month

year

Signature

ATTACH PRISON CERTIFICATE, TRUST ACCOUNT WITHDRAWAL
AUTHORIZATION TO THIS MOTION

PRISON CERTIFICATE
(To be completed by an officer of the institution of incarceration.)
I certify that the applicant

_
(Name of Detainee)

_ _ _ _ _ _ _ _ _ _ _ _ _ has the sum of $
(Detainee's A Number)
hislher credit at

on account to

" I further certify that the
(Name of Institution)

applicant has the following securities

_

to hislher credit according to the records of the aforementioned institution. I further certify

that during the past six months the applicant's average monthly balance was

$

and the average monthly deposits to the applicant's account was

$-------

Date

Signature of Authorized Officer of Institution

Officer's Full Name (Printed)

Officer's Title / Rank

TRUST ACCOUNT WITHDRAWAL AUTHORIZATION
(This form MUST be completed by the detainee to proceed in forma pauperis.)

I,

, request and authorize the agency holding me
Detainee Name and A number

in custody to prepare for the Clerk of the United States District Court for the
_______ District of
, a certified copy of the
statement for the past six months of my trust fund account (or institutional
equivalent) activity at the institution where I am incarcerated.
I further request and authorize the agency holding me in custody to calculate and
disburse funds from my trust fund account (or institutional equivalent) pursuant to
any future orders issued by the Court relating to this civil action pursuant to the
Prison Litigation Reform Act of 1995, Pub. L. No. 104-134, Title VIII, §§ 801-10, 110
Stat. 1321 (1996).
This authorization is furnished in connection with a civil action filed in the - - District of
, and I understand that, pursuant to 28 U.S.C. §§
1914 and 1915(b)(1), the total amount of filing fees for which I am obligated is $_.
I also understand that this fee will be debited from my account regardless of the
outcome of this action. This authorization shall apply to any other agency into
whose custody I may be transferred.

Date

Signature of Detainee

APPENDIX C: MOTION FOR
THE APPOINTMENT OF
COUNSEL

UNITED STATES DISTRICT COURT
FOR THE
_
DISTRICT OF
_

Plaintiff
Case No.

v.

_

(to be filled in by Clerk)

Defendant.
MOTION FOR THE APPOINTMENT OF COUNSEL
I request that the Court appoint an attorney to represent me in the matter
cited above. In support of this motion I have attached the following:
1.

An affidavit relating to my ability to pay costs and fees.

2.

Other material, if any.

I have made the following efforts to obtain counsel from legal aid or legal
services organizations or individual attorneys without payment of a fee or on a contingent
fee basis, and have been unable to obtain the services of counsel:

Date:

_
Signature

APPENDIX D: RESOURCES
Resource List 1: List of Addresses of all Federal Public Defenders Offices
Resource List 2: List of Addresses of Additional Organizations

Resource List 1: List of Addresses of all Federal Public
Defenders Offices

A LAS K A (9th Circuit)
F. Richard Curtner, III
Federal Public Defender
550 West 7th Avenue, Room 1600
Anchorage, Alaska 99501
(907) 646-3400; FAX: (907) 646-3480

A R I Z 0 N A (9th Circuit)
Fredric F. Kay
Federal Public Defender
97 East Congress Street, Suite 130
Tucson, Arizona 85701-1716
(520) 879-7500; FAX: (520) 879-7600
Branch:

Federal Public Defender
222 North Central Ave. - Suite 810
Phoenix, Arizona 85004
(602) 382-2700; FAX: (602) 382-2800

ARK A N S A S (Eastern and Western) (8th Circuit)
Jenniffer Morris Horan
Federal Public Defender
310 S. Louisiana Street
Little Rock, Arkansas 72201
(501) 324-6113; FAX: (501) 324-6128
Branch:
MAILING ADDRESS
Federal Public Defender
P.O. Box 3686
Fayetteville, Arkansas 72702

OFFICE LOCATION
38 Trenton Boulevard, Suite 101
Fayetteville, Arkansas 72701
(501) 442-2306; Fax: (501) 443-1904

CAL I FOR N I A (9thCircuit)
Northern
Barry J. Portman
Federal Public Defender
U.S. Courthouse
450 Golden Gate Avenue
P.O. Box 36106
San Francisco, California 94102-3567
(415) 436-7700; FAX: (415) 436-7706
Branches:

Federal Public Defender
Suite 575
160 West Santa Clara Street
San Jose, California 95113
(408) .291-7753; FAX: (408) 291

Branches cont.:

Federal Public Defender
1301 Clay Street, Room 2000
Oakland, California 94612
(510) 637-3500; FAX: (510) 637-3507

Eastern
Quin A. Denvir
Federal Public Defender
Renaissance Tower, 10th Floor
801 K Street
Sacramento, California 95814
(916) 498-5700; FAX: (916) 498-5710
Branch:

Central
Maria Elena Stratton
Federal Public Defender
321 East 2nd Street
Los Angeles, California 90012-4206
(213) 894-2854; FAX: (213) 894-0081

Federal Public Defender
2300 Tulare Street Suite 330
Fresno, California 93721
(559) 487-5561; FAX: (559) 487-5950

Branches:

Federal Public Defender
Ronald Reagan Federal Building
and United States Courthouse
411 West Fourth Street
Santa Ana, California 92701
(714) 338-4500; FAX: (714) 338-4520

Branches cont.:

Federal Public Defender
P.O. Box 13000
Riverside, California 92502
(909) 276-6346; FAX: (909) 276-6368

COL 0 R ADO & W YOM I N G (lOth Circuit)
Michael G. Katz
Federal Public Defender
63317th Street Suite 1000
Denver, Colorado 80202
(303) 294-7002; FAX: (303) 294-1192
Branch:

Federal Public Defender
320 W.25th Street
Cheyenne, WY 82001
(307) 772-2781; FAX: (307) 772-2788

CON N E C TIC U T C2ndCircuit)
Thomas G. Dennis
Federal Public Defender
10 Columbus Blvd Floor 6
Hartford, Connecticut 06106-1976
(860) 493-6260; FAX: (860) 493-6269
Branch:

DEL A WAR E C3rd Circuit)
Penny Marshall
Acting, Federal Pubic Defender
Office of Federal Public Defender
704 King Street, Suite 110
Wilmington, Delaware 19801
(302) 573-6010; FAX: (302) 573-6041

Federal Public Defender
2 Whitney Avenue, Suite 300
New Haven, Connecticut 06510
(203) 498-4200; FAX: (203) 498-4207

DISTRICT OF COLUMBIA
A. J. Kramer
Federal Public Defender
625 Indiana Avenue, NW, Suite 550
Washington, D.C. 20004
(202) 208-7500; FAX: (202) 208-7515

FLO RID A (11th Circuit)
Northern
Randolph P. Murrell
Federal Public Defender
227 N. Bronough Street, Suite 4200
Tallahassee, Florida 32301
(850) 942-8818; FAX: (850) 942-8809
Branch:

Federal Public Defender
41 N. Jefferson Street -Suite 301
Pensacola, Florida 32501
(850) 432-1418; FAX: (850) 434-3855
Federal Public Defender
101 Southeast Second Place, Suite 112
Gainesville, Florida 32601
(352) 373-5823; FAX: (352) 373-7644

Middle
R. Fletcher Peacock
Federal Public Defender
U.S. Courthouse, Room 417
80 North Hughey Avenue
Orlando, Florida 32801
(407) 648-6338; FAX: (407) 648-6095
Branches:

Federal Public Defender
Sun Bank Building, Suite 1240
200 West Forsyth Street
Jacksonville. Florida 32202-4236
(904) 232-3039; FAX: (904) 232-1937
Federal Public Defender
Park Tower, Suite 2700
400 N. Tampa Street
Tampa, FL 33602
(813) 228-2715; FAX: (813) 228-2562

Federal Public Defender
2110 First Street, Room 2-146
Fort Myers, Florida 33901-3019
(941) 461-2020; FAX: (941) 461-2025
201 S.W. 2nd Street, Suite 102
Ocala, Florida 34474
(352) 351-9157; FAX: (352) 351-9162

Southern
Kathleen M. Williams
Federal Public Defender
Museum Tower Building
150 West Flagler Street, Suite 1500
Miami, Florida 33130-1555
(305) 536-6900; FAX: (305) 530-7120
Satellite:

Federal Public Defender
Museum Tower Building
150 West Flagler Street, Suite 1700
Miami, Florida 33130
(305) 530-7000; FAX: (305) 536-4559

Branches:

Federal Public Defender
South Trust Tower Building
One East Broward Boulevard Suite 1100
Ft. Lauderdale, FL 33301
(954) 356-7436; FAX: (954) 356-7556
Federal Public Defender
Suite 300
400 Australian Ave. North
West Palm Beach, Florida 33401
(561) 833-6288; FAX: (561) 833-0368
Federal Public Defender
200 S. Indian River Drive, Suite 207
Ft. Pierce, FL 34950
(561) 461-9435: FAX: (561) 461-9474

G U A M (9th Circuit)
Robert E. Hartsock
Federal Public Defender
First Hawaiian Bank Bldg, Suite 309
400 Route 8
Mong Mong, Guam 96927
(671) 472-7111; FAX: (671) 472-7120

HAW A I I (9th Circuit)
Peter C. Wolff, Jr.
Federal Public Defender
Prince Kumo Federal Building
300 Ala Moana Blvd., Suite 7102
Honolulu, Hawaii 96850
(808) 541-2521; FAX: (808) 541-3545

ILL I N 0 I S (7th Circuit)
Southern
R. Thomas Day
Federal Public Defender
P.O. Box 159
East St. Louis, Illinois 62202
Office Location:
650 Missouri Avenue, Suite GI0-A
East St. Louis, Illinois 62202
(618) 482-9050; FAX: (618) 482-9057
Branch:

Central
Richard H. Parsons
Federal Public Defender
401 Main Street, Suite 1500
Peoria, Illinois 61602
(309) 671-7891; FAX: (309) 671-7898

Federal Public Defender
112 North Duquoin
P.O. Box 1075
Benton, Illinois 62812
(618) 435-2552

Branch:

Federal Public Defender
600 East Adams Street, 2nd Floor
Springfield, Illinois 62701
(217) 492·5070; FAX: (217) 492·5077

I 0 W A (Southern and Northern) (8th Circuit)
Nicholas Drees
Federal Public Defender
Suite 295, The Plaza
300 Walnut Street
Des Moines, Iowa 50309·2255
(515) 246·1761; FAX: (515) 246·1862
Branch:

Federal Public Defender
Armstrong Center, Suite 501
222 3rd Avenue, SE
Cedar Rapids, Iowa 52401
(319) 363·9540; FAX: (319) 363·9542
Federal Public Defender
Federal Courthouse, Room 202
320 Sixth Street
Sioux City, Iowa 51101
(712) 233·3922; FAX: (712) 233·3849
Federal Public Defender
Federal Courthouse, Room 384
131 East 4th Street
Davenport, Iowa 52801
(563) 322·8931; FAX: (563) 383·0052

K A N SA S (lOth Circuit)
David J. Phillips
Federal Public Defender
U.S. Courthouse, Suite 201
500 State Avenue
Kansas City, Kansas 66101
(913) 551·6712; FAX: (913) 551·6562
Branches:

Federal Public Defender
Epic Center, Suite 850
301 North Main
Wichita, Kansas 67202
(316) 269·6445; FAX: (316) 269·6175

Federal Public Defender
424 South Kansas, Room 200
Topeka, Kansas 66603-3439
(785) 232-9828; FAX: (785) 232-9886

LOU I S I A N A (5th Circuit)
Eastern
Virginia L. Schlueter
Federal Public Defender
Hale Boggs Building
501 Magazine Street-Room 318
New Orleans, Louisiana 70130
(504) 589-7930; FAX: (504) 589-2556
Middle & Western
Rebecca L. Hudsmith
Federal Public Defender
Suite 816
102 Versailles Boulevard
Lafayette, Louisiana 70501
(337) 262-6336; FAX: (337) 262-6605

Branches:

Federal Public Defender
300 Fannin, Suite 2199
Shreveport, Louisiana 71101-6300
(318) 676-3310; FAX: (318) 676-3313
Federal Public Defender
707 Florida Street, #303
Baton Rouge, Louisiana 70801
(225) 382-2118; FAX: (225) 382-2119

MAR Y LAN D (4th Circuit)
James Wyda
Federal Public Defender
Northern Division
Tower II, Suite 1100
100 South Charles Street
Baltimore, Maryland 21201-2705
(410) 962-3962; FAX: (410) 962-0872

Branch:

Federal Public Defender
Southern Division
6411 Ivy Lane, Suite 710
Greenbelt, Maryland 20770-4510
(301) 344-0600; FAX: (301) 344-0019

MAS SAC H USE T T S & NEW HAM P S H IRE (lst Circuit)
Owen S. Walker
Federal Public Defender
408 Atlantic Avenue, 3rd Floor
Boston, Massachusetts 02110
(617) 223-8061; FAX: (617) 223-8080
Branch:

Federal Public Defender
The Ralph Pill Building
22 Bridge Street
Concord, New Hampshire 03301
(603) 226-7360; FAX: (603) 226-7358

M I CHI G A N (Western) (6th Circuit)
Christopher P. Yales
Federal Public Defender
Trade Center Building, Suite 500
50 Louis NW
Grand Rapids, Michigan 49503-2633
(616) 742-7420; FAX: (616) 742-7430

MIN N E SOT A (8th Circuit)
Daniel M. Scott
Federal Public Defender
U.S. Courthouse, Suite 107
300 South Fourth Street
Minneapolis, Minnesota 55415
(612) 664-5858; FAX: (612) 664-5850

MIS SOU R I (8th Circuit)
Western
Raymond C. Conrad
Federal Public Defender
Scarritt Building
818 Grand Boulevard, Suite 300
Kansas City, Missouri 64106
(816) 471-8282; FAX: (816) 471-8008

Branch:

Federal Public Defender
901 St. Louis Street, Ste. 801
Springfield, MO 65806
(417) 873-9022; FAX: (417) 873-9038

Eastern
Norman S. London
Federal Public Defender
1010 Market Street, Suite 200
St. Louis, Missouri 63101
(314) 241-1255; FAX: (314) 421-3177
Branch:

Federal Public Defender
440 Broadway, P.O. Box 2043
Cape Girardeau, Missouri 63702-2043
(573) 339-0242; FAX: (573) 339-0305

NEB R ASK A (8th Circuit)
David R. Stickman
Federal Public Defender
Suite 300
201 South 16th Street
Omaha, Nebraska 68102
(402) 221-7896; FAX: (402) 221-7884
Branch:

Federal Public Defender
112 Robert V. Denney Federal Building
100 Centennial Mall North
Lincoln, Nebraska 68508
(402) 437-5871; FAX: (402) 437-5874

N E V A D A (9th Circuit)
Franny A. Forsman
Federal Public Defender
Phoenix Bldg., Suite 700
330 South 3rd Street
Las Vegas, Nevada 89101
(702) 388-6577; FAX: (702) 388-6261
Branch:

Federal Public Defender
Room 301
210 W. Liberty Street, Suite 102
Reno, Nevada 89501-2405
(702) 784-5626; FAX: (702) 784-5022

NEW J E R S E Y (3rd Circuit)
Richard CougWin
Federal Public Defender
972 Broad Street, Second Floor
Newark, New Jersey 07102
(973) 645-6347; FAX: (973) 645-3101
Branches:

Federal Public Defender
Station Plaza #4, 4th Floor
22 South Clinton Avenue
Trenton, New Jersey 08609
(856) 989-2160; FAX: (856) 989-2153

Branches cont.:

Federal Public Defender
800 Cooper Street, Suite 350
Camden, New Jersey 08102
(856)<757-5341; FAX: (856) 757-5273

NEW M E X I C 0 (10th Circuit)
Stephen P. McCue
Federal Public Defender
First State Bank Building
111 Lomas Boulevard NW, Suite 501
Albuquerque, New Mexico 87102
(505) 346-2489; FAX: (505) 346-2494
Branch:

Federal Public Defender
107 East Lohman Avenue
Las Cruces, New Mexico 87102
(505) 527-6930; FAX: (505) 527-6933

NEW Y 0 R K (2nd Circuit)
Western
William G. Clauss
Federal Public Defender
Irving Place
30 West Broad Street, Suite 306
Rochester, New York 14614
(585) 263-6201; FAX: (585) 263-5871
Branch:

Federal Public Defender
Suite 450
300 Pearl Street
Buffalo, New York 14202
(716) 551-3341; FAX: (716) 551-3346

NEW Y 0 R K (Northern) & V E R M 0 N T (2nd Circuit)
Alexander Bunin
Federal Public Defender
39 North Pearl Street, 5th Floor
Albany, New York 12207
(518) 436·1850; FAX (518) 436·1780
Branch:

Federal Public Defender
4 Clinton Exchange, 3rd Floor
Syracuse, New York 13202
(315) 701·0080; FAX: (315) 701·0081
Federal Public Defender
110 Cherry Street, 2nd Floor
Burlington, Vermont 05401
(802) 862·6990; FAX: (802) 862·7836

NOR T H CAR 0 LIN A (4thCircuit)
Eastern
Thomas P. McNamara
Federal Public Defender
P.O. Box 25967
Raleigh, North Carolina 27611·5967
Office Location:
First Union Building
150 Fayetteville Street Mall, Suite 450
Raleigh, North Carolina 27601·2919
(919) 856·4236; FAX: (919) 856·4477
Branch:

Federal Public Defender
225 Green Street
Suite 1002, Wachovia Building
P.O. Box 690
Fayetteville, North Carolina 28302·0690
(910) 484·0179; FAX: (910) 484·0170
Federal Public Defender
Greenville Federal Courthouse
P.O. Box 8005
Greenville, North Carolina 27835·8005
(252) 830·2232 FAX: (252) 830-2232

Middle
Louis C. Allen, III
Federal Public Defender
101 South Elm Street, Suite 210
Greensboro, North Carolina 27401
(336) 333-5455: FAX: (336) 333-5463

oH I0

(6thCircuit)

Northern
Michael G. Dane
Federal Public Defender
Skylight Office Tower, Suite 750
1660 West 2nd Street
Cleveland, Ohio 44113
(216) 522-4856; FAX: (216) 522-4321
Branch:

Federal Public Defender
U.S. Courthouse & Federal Building
2 South Main Street, B3-56
Akron, Ohio 44308
(330) 375-5739; FAX: (330) 375-5738

Southern
Steven R. Keller
Federal Public Defender
One Columbus
10 West Broad Street, Suite 1020
Columbus, Ohio 43215-3419
(614) 469-2999; FAX: (614) 469-5999
Branches:

Federal Public Defender
2000 CBLD Center
36 East Seventh Street
Cincinnati, Ohio 45202
(513) 929-4834; FAX: (513) 929-4842
Federal Public Defender
130 W. 2nd Street, Suite 820
Dayton, Ohio 45402
(937) 225-7687; FAX: (937) 225-7688

OK LA HOM A (lOth Circuit)
Western
Susan M. Otto
Federal Public Defender
Old Post Office Building
215 Dean A. McGee Avenue, Suite 524
Oklahoma City, Oklahoma 73102
(405) 231-5725; FAX: (405) 231-5178
Northern and Eastern
Paul D. Brunton
Federal Public Defender
Williams Tower 1, Suite 1225
One West Third Street
Tulsa, Oklahoma 74103-3532
(918) 581-7656; FAX: (918) 581-7630
ORE G 0 N (9th Circuit)
.
Steven T. Wax
Federal Public Defender
101 S.W. Main Street, Suite 1700
Portland, Oregon 97204
(503) 326-2123; FAX: (503) 326-5524
Branch:

Federal Public Defender
151 West 7th, Suite 510
Eugene, Oregon 97401
(541) 465-6937; FAX: (541) 465-6975

PEN N S Y L V A N I A (3rd Circuit)
Western
W. Penn Hackney
Acting Federal Public Defender
450 Liberty Center
1001 Liberty Avenue
Pittsburgh, PA 15222-3716
(412) 644-6565; FAX: (412) 644-4594
Branch:

Federal Public Defender
1111 Renaissance Centre
1001 State Street
Erie, PA 16501
(814) 455-8089; FAX: (814) 455-8624

Middle
James V. Wade
Federal Public Defender
100 Chestnut Street - Suite 306
Harrisburg, Pennsylvania 17101-2540
(717) 782-2237; FAX: (717) 782-3881
Branches:

Federal Public Defender
Kane Professional Building, Suite 2C
116 North Washington Avenue
Scranton, Pennsylvania 18503
(570) 343-6285; FAX: (570) 343-6225
Federal Public Defender
One Executive Plaza, Suite 302
330 Pine Street
Williamsport, Pennsylvania 17701
(570) 323-9314; FAX: (570) 323-9836

P U E R TOR I C 0 <Ist Circuit)
Joseph C. Laws, Jr.
Federal Public Defender
259 F. D. Roosevelt Avenue
San Juan, Puerto Rico 00918-2305
(787) 281-4922; FAX: (787) 281-4899

SOU T H CAR 0 LIN A (4th Circuit)
Parks N. Small
Federal Public Defender
Southern National Bank Building
1901 Assembly Street, Suite 200
Columbia, South Carolina 29201
(803) 765-5070; FAX: (803) 765-5084
Branches:

Federal Public Defender
P.O. Box 876
Charleston, South Carolina 29402
(803) 727-4148; FAX: (803) 727-4179
Federal Public Defender
501 McBee Building, Suite 105
501 E. McBee Avenue
Greenville, South Carolina 29601
(864) 235-8714; FAX: (864) 235-2418

Branches Cont.:

Federal Public Defender
401 West Evans Street - Room 240
Florence, South Carolina 29501
(803) 662-1510; FAX: (803) 667-1355

SOU T H D A K 0 T A (8th Circuit)
Robert W. Van Norman
Federal Public Defender
703 Main Street
Rapid City, South Dakota 57701-2758
(605) 343-5110; FAX (605) 343-1498
Branches:

Federal Public Defender
124 South Euclid Suite 202
Pierre, South Dakota 57501
(605) 224-0009; FAX: (605) 224-0010
Federal Public Defender
221 South Phillips Avenue Suite 202
Sioux Falls, South Dakota 57104
(605) 330-4489; FAX: (605) 330-4499

TEN N E SSE E (6th Circuit)
Middle
Henry Alan Martin
Federal Public Defender
810 Broadway, Suite 200
Nashville, Tennessee 37203
(615) 736-5047; FAX: (615) 736-5265
Western
Stephen B. Shankman
Federal Public Defender
200 Jefferson Avenue, Suite 200
Memphis, Tennessee 38103
(901) 544-3895; FAX: (901) 544-4355

T E X A S (5th Circuit)
Northern
Ira R. Kirkendoll
Federal Public Defender
U.S. Federal Building
525 Griffin Street, Suite 629
Dallas, Texas 75202
(214) 767-2746; FAX: (214) 767-2886

Branches:

Federal Public Defender
819 Taylor Street, Room 9A1O
Fort Worth, TX 76102
(817) 978-2753; Fax: (817)978-2757

Branches cont.:

Federal Public Defender
1205 Texas Avenue, Room 506
Lubbock, Texas 79401
(806) 472-7236; FAX: (806) 472-7241
Federal Public Defender
Amarillo National Bank, Plaza Two
500 South Taylor, Suite 110
Amarillo, Texas 79101
(806) 324-2370; FAX: (806) 324-2372

Southern
Roland E. Dahlin, II
Federal Public Defender
Post Office Box 61508
Houston, Texas 77208-1508
(713) 718-4600; FAX: (713) 718-4610

Office Location:
Lyric Office Center
440 Louisiana St., Suite 310
Houston, Texas 77002-1634

Branches:
Mailing Address

Office Location

Federal Public Defender
Federal Public Defender
Post Office Box 2163
U.S. Federal Building & Courthouse
Brownsville, Texas 78522-2163 600 E. Harrison No. 102
Brownsville, Texas 78520-7114
(956) 548-2573; FAX: (956) 548-2674

Federal Public Defender
Post Office Box 23011
Corpus Christi
Texas 78403-3011

Federal Public Defender
Wilson Plaza, Suite 401
606 N. Carancahua
Corpus Christi, Texas 78476-0401
(361) 888-3532; FAX: (361) 888-3534

Federal Public Defender
Post Office Box 1562
Laredo, Texas 78042-1562

Federal Public Defender
1501 Matamoros Street
Laredo, TX 78040-4912
(956) 753-5313; FAX: (956) 753-5317

(same as office location)

Federal Public Defender
Bentsen Tower, Suite 405
701 W. Business Hwy. 83
McAllen, Texas 78501-5159
(956) 630-2995; FAX: (956) 631-8647

Western
Lucien B. Campbell
Federal Public Defender
Federal Building - Hemisfair Park
727 East Durango Blvd., B-207
San Antonio, Texas 78206-1278
(210) 472-6700; FAX: (210) 472-4454
Branches:

Federal Public Defender
Federal Building, 700 East San Antonio, D-401
EI Paso, Texas 79901-7001
(915) 534-6525; FAX: (915) 534-6534

Branches cont.:

Federal Public Defender
Federal Building, Suite A-215
2400 Avenue F, suite 21-B
Del Rio, Texas 78840-5538
(830) 703-2040; FAX: (830) 703-2047
Federal Public Defender
800 Brazos, Suite 490
Austin, Texas 78701
(512) 916-5025; FAX: (512) 916-5035
Federal Public Defender
712 West Holland Avenue
Alpine, Texas 79830-5020
(915) 837-5598; FAX: (915) 837-9023

Eastern
Ira R. Kirkendoll
Acting Federal Public Defender
200 East Ferguson, Suite 407
Tyler, Texas 75702
(903) 531-9233; FAX: (903) 531-9625
Branch:

Federal Public Defender
350 Magnolia, Suite 117
Beaumont, Texas 77701
(409) 839-2608; FAX: (409) 839-2610

UTA H (lOth Circuit)
Steven B. Killpack
Federal Public Defender
American Towers, Suite-110
46 West Broadway
Salt Lake City, Utah 84101
(801) 524-4010; FAX: (801) 524-4023

V I R GIN I A (Eastern) (4th Circuit)
Frank W. Dunham, Jr.
Federal Public Defender
1650 King Street Suite 500
Alexandria, Virginia 22314-5798
(703) 600-0800; FAX: (703) 600-0880
Branch:

Federal Public Defender
830 East Main Street, Suite 1100
Richmond, VA 23219
(804) 343-0800; FAX: (804) 648-5033

V I R GIN I S LAN D S C3rd Circuit)
Thurston T. McKeIvin
Federal Public Defender
1115 Strand Street
Post Office Box 3450 - Christiansted
St. Croix, Virgin Islands 00820
(340) 773-3585; FAX: (340) 773-3742

Branch:
MAILING ADDRESS

OFFICE LOCATION

Federal Public Defender
#51·B Kongens Gade, Suite #1
Post Office Box 1327
Chartlotte Amalie
St. Thomas, Virgin Islands 00804
St. Thomas, Virgin Islands 00802
(340) 774·4449; FAX: (340) 776-7683

WAS H I N G TON (Western) (9th Circuit)
Thomas W. Hillier, I
Federal Public Defender
1111 Third Avenue - Suite 1100
Seattle, Washington 98101
(206) 553·1100; FAX: (206) 553·0120
Branch:

Federal Public Defender
1551 Broadway, Suite 501
Tacoma, Washington 98402
(253) 593-6710; FAX: (253) 593·6714

WE S T V I R GIN I A (Southern) (4th Circuit)
Mary Lou Newberger
Federal Public Defender
Room 3400
300 Virginia Street East
Charleston, West Virginia 25301-2523
(304) 347-3350; FAX: (304) 347-3356

Resource List 2: List of Addresses of Additional Organizations
Catholic Legal Immigration
Network (CLINIC)
The McCormick Pavilion
415 Michigan Ave., NE
Washington, DC 20017
national@cliniclegal.org

San Francisco CLINIC
564 Market Street, Suite 416
San Francisco, CA 94104
(415) 362-8677 (tel.)
(415) 394-8696 (fax)
Los Angeles CLINIC
1530 James M. Wood Boulevard
Box 15095
Los Angeles, CA 90015
(213) 251-3505 (tel.)
(213) 487-0986 (fax)
Miami CLINIC
3900 NW 79 th Ave., Ste. 564
Miami, FL 33166
(305) 436-5730 (tel.)
(305) 436-5863 (fax)
Newark CLINIC
Catholic Community Service
976 Broad St.
Newark, NJ 07102
(973) 733-3516 (tel.)
(973) 733-9631 (fax)
New Orleans CLINIC
Loyola University Law Center
7214 St. Charles Ave., Box 902
New Orleans, LA 70118

Newton Centre CLINIC
Boston College Law School
885 Centre St.
Newton Centre, MA 02159
(617) 552-0593 (tel.)
(617) 552-2615 (fax)
Boston: (617) 625-1920

United Nations High
Commission for Refugees
Washington, D.C. Regional Office
1775 K St., NW
Washington, DC 20006

Midwest Immigrant and
Human Rights Center
208 S. LaSalle, Suite 1818
Chicago, Illinois 60604
(312) 263-0901 (tel.)
(collect calls are accepted on
Tuesdays 11 a.m. - 2 p.m.)

Immigrant Defense Project
New York State Defenders Association
P.O. Box 20058
West Village Station
New York, NY 10014
(212) 367-9104

Freedom House
2630 W. Lafayette
Detroit, Michigan 48216
(313) 964-4320 (tel.)
(313) 963-1077 (fax)

Immigrant and Refugee
Appellate Center, LLC
Thomas Hutchins, Esquire
6121 Lincolnia Road, Suite 400-C
Alexandria, Virginia 22312
(703) 916-7689 (tel.)
(703) 916-7690 (fax)
irac.center@verizon.net

Catholic Charities of Orange
County
1800 E. Mc Fadden Ave.
Santa Ana, CA 92705
Contact: Lisa Ramirez
(714) 347-9656
(Orange County, California detainees
only; unable to accept collect calls)

Immigrant Law Center of
Minnesota
193 East Robie Street
Saint Paul, MN 55107
651-291-0110 (tel.)
651-291-2549 (fax)
john.keller@ilcm.org
(Minnesota, North Dakota and South
Dakota detainees only)

American-Arab AntiDiscrimination Committee
(AD C)
Legal Department
4201 Connecticut Avenue, NW
Suite 300
Washington, DC 20008
(202) 244-2990 (tel.)
(202) 244-3196 (fax)
legal@adc.org

Immigration Services
Catholic Social Services
680 West Peachtree St. NW
Atlanta, GA 30308
(404) 885-7461
(Georgia detainees only; advice, selfhelp materials, and referrals only)

Carr & Mattes, P.C.
Troy J. Mattes, Esq.
126 E. Chestnut St.
Lancaster, PA 17602
(717) 299-8877 (tel.)
(717) 299-1535 (fax)
(York County Prison detainees only)

Law Offices of Roy Petty
Political Asylum/lmmigration
Representation Project
14 Beacon Street, #804A
Boston, MA 02108
(617) 742-9296
(Connecticut Massachusetts, New
Hampshire, Rhode Island, and
Vermont detainees only)

114 S. First Street, Suite 201
Rogers, AR 72756
(479) 621-9150 (tel.)
(479) 621-9182 (fax)
roy@pettylaw.com
(Arkansas and Louisiana detainees
only)

Linda Mansour
2909 W. Central Avenue
Toledo, Ohio 43606
(419) 535-7100
lindamansour@aol.com

Quesiyah S. Ali, Esq.
1350 Plumtree Rd.
Springfield, MA 01119-2939
(860) 240-3523
(Massachusetts and Connecticut
detainees only)

Vikram Badrinath, P.C.
100 North Stone Avenue, Ste 302
Tucson, Arizona 85701-1514
(520) 620-6000 (tel.)
(520) 620-6797 (fax)
www.vkblaw.com

National Lawyers Guild
143 Madison Ave Fourth Floor
New York, NY 10016
(212) 679-5100 x14
(415) 285-1055 (hotline for detainees
in San Francisco Bay area who have
been detained post-91l1)
nlgmember@nlg.org

YMCA International Service
Houston Refugee Pro-Bono
Project
Anne Chandler, Esq.
6300 Westpark, Suite 600
Houston, TX 77057
(713) 339-9015 (tel.)
(713) 339-1159 (fax)
(Houston area detainees only)

Liberty Center for Survivors

of Torture
Denise Michultka, Ph.D.
Fernando Chang-Muy, J.D.
c/o Lutheran Children and Family
Services
(215) 276-5500 x 211
denisem@1cfsinpa.org
(Pennsylvania and Delaware
detainees only; for survivors of
torture)

World Organization Against
Torture USA
1725 K Street, N.W., Suite 610
Washington, D. C. 20006
(202) 296-5702 (tel.)
(202) 296-5704 (fax)
msklar@woatusa.org
(torture survivors and those facing
threats of torture in their countries of
origin)

 

Federal Prison Handbook

 



 

InmateMagazineService.com

 



 

Federal Prison Handbook

 



 


 

Prisoner Education Guide side