Summary
dismissing Bivens claim for intentional property deprivation because remedy available under FTCA bars due process claim
Summary of this case from Friedman v. U.S.Opinion
Civil Case No. 06-cv-02588-LTB-CBS.
May 27, 2008
ORDER
This case is before me on the Recommendation of the Magistrate Judge that Defendants' Motion to Dismiss (Doc 43) be granted and this civil action be dismissed (Doc 63). The Plaintiff has filed limited and partial objection to the Magistrate Judge's recommendation. Specifically, Plaintiff asserts that Defendant B. Batulis is being sued in her individual capacity for personally participating in the loss of Plaintiff's property alleged to be $241.50. Plaintiff argues that Defendant B. Batulis should not be granted immunity.
I have reviewed the recommendation de novo in light of the file and record in this case. I first note that the Magistrate Judge in light of his analysis does not reach the qualified immunity question. Rather, it appears that Defendant B. Batulis is in part alleged to have participated in a conspiracy to violate Plaintiff's constitutional rights. But the Magistrate Judge concludes that Plaintiff fails to state a cognizable claim in this respect against Defendant B. Batulis.
I conclude that the recommendation is correct. Accordingly
IT IS ORDERED that the Motion to Dismiss (Doc 43) is GRANTED and the above action is DISMISSED.