IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF COLORADO

Civil Action No. 11-cv-02721-BNB

BRUCE W. JONES,

Plaintiff,

v.

BLAKE DAVIS, Individually and in His Official Capacity as Complex Warden, at the

Federal Correctional Institution Florence,

JULIE WANDS, Individually and in Her Official Capacity as the Former Warden, at the

Federal Correctional Institution Florence,

THOMAS R. KANE, Individually and in His Official Capacity as Acting Director of the

Feder [sic] Bureau of Prisons, 

NEWTON E. KENDIG, Individually and in His Official Capacity as the Medical Director

of the Federal Bureau of Prisons,

MARK KELLAR, Individually and in His Official Capacity as the Health Service

Administrator at F.C.I. - Florence,

LISA McDERMOTT, Individually and in Her Official Capacity as Assistant Health

Services Administrator at F.C.I. - Florence,

PETER BLUDWORTH, Individually and in His Official Capacity as Associate Warden at

F.C.I. - Florence,

MIKE GOODWIN, Individually and in His Official Capacity as Chief Pharmacist at 

F.C.I. - Florence,

DR. DAVID ALLRED, Individually and in His Official Capacity as Clinical Director of

F.C.I. - Florence,

DR. GEORGE SANTINI, Individually and in His Official Capacity as Staff Physician at

F.C.I. - Florence,

CARI RITTER, Individually and in Her Official Capacity as Mid-level Provider, and

FEDERAL BUREAU OF PRISONS, in Their Official Capacity as Employers of the

Following Defendants and Controlling Costady [sic] of Plaintiff,

Defendants.

 

ORDER DIRECTING PLAINTIFF TO FILE AMENDED COMPLAINT

Plaintiff, Bruce W. Jones, is a prisoner in the custody of the Federal Bureau of

Prisons (BOP) and is currently incarcerated at the Federal Correctional Institution (FCI)

in Florence, Colorado. Mr. Jones initiated this action by filing a Prisoner’s Motion and

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Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 and a Prisoner Complaint

pursuant to 28 U.S.C. § 1331 and Bivens v. Six Unknown Named Agents of Fed.

Bureau of Narcotics, 403 U.S. 388 (1971) on October 19, 2011. Mr. Jones has been

granted leave to proceed in forma pauperis with payment of an initial partial filing fee. 

The Court will construe the Complaint liberally because Mr. Jones is not

represented by an attorney. See Haines v. Kerner, 404 U.S. 519, 520-21 (1972); Hall v.

Bellman, 935 F.2d 1106, 1110 (10th Cir. 1991). However, the Court should not act as

an advocate for pro se litigants. See Hall, 935 F.2d at 1110. The Court has 

reviewed the Complaint and has determined that it is deficient. Mr. Jones therefore will

be directed to file an Amended Complaint for the reasons discussed below. 

Mr. Jones asserts four claims in this action. As his first claim, he alleges that he

suffers from degenerative bone disease of the cervical spine. He asserts that

Defendants Cari Ritter, George Santini, Lisa McDermott and David Allred concealed

important facts regarding his disease from him, and also, that they refused to provide

proper treatment for his condition, in violation of his Eighth Amendment right to be free

from cruel and unusual punishment. As his second claim, Mr. Jones asserts that

Defendants Santini, McDermott, Allred, Ritter and Goodin refused to provide him with

pain medication and other medications needed to treat his condition, in violation of his

Eighth Amendment right. As his third claim, Mr. Jones alleges that his due process

rights have been violated because prison officials not named as defendants have

delayed his administrative remedies process, and delayed his transfer to a medical

facility. As his fourth claim, which is repetitive of his first and second claims, Mr. Jones

again asserts that the named defendants have been deliberately indifferent to his

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serious medical needs. Mr. Jones seeks damages in addition to injunctive relief.

However, Mr. Jones’s Bivens claim against the Bureau of Prisons is barred by

sovereign immunity. A Bivens action may not be brought against federal agencies or

agents acting in their official capacities. Hatten v. White, 275 F.3d 1208, 1210 (10th Cir.

2002) (citing Federal Deposit Ins. Corp. v. Meyer, 510 U.S. 471, 483-86 (1994)). 

Therefore, Mr. Jones may not sue the Federal Bureau of Prisons in this action.

Second, Mr. Jones is also directed that personal participation by the named

defendants is an essential allegation in a civil rights action. See Bennett v. Passic, 545

F.2d 1260, 1262-63 (10th Cir. 1976). Id. Mr. Jones must show that each defendant

caused the deprivation of a federal right. See Kentucky v. Graham, 473 U.S. 159, 166

(1985). There must be an affirmative link between the alleged constitutional violation

and each defendant’s participation, control or direction, or failure to supervise. See

Butler v. City of Norman, 992 F.2d 1053, 1055 (10th Cir. 1993). A defendant may not

be held liable merely because of his or her supervisory position. See Pembaur v. City

of Cincinnati, 475 U.S. 469, 479 (1986); McKee v. Heggy, 703 F.2d 479, 483 (10th Cir.

1983). A supervisor is only liable for a constitutional violation that he or she has

caused. See Dodds v. Richardson, 614 F.3d 1185, 1199 (10th Cir. 2010). 

Finally, in order to state a claim in federal court, Mr. Jones “must explain what

each defendant did to him or her; when the defendant did it; how the defendant’s action

harmed him or her; and, what specific legal right the plaintiff believes the defendant

violated.” Nasious v. Two Unknown B.I.C.E. Agents, 492 F.3d 1158, 1163 (10th Cir.

2007). 

Mr. Jones may use fictitious names, such as Jane or John Doe, if he does not

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know the real names of the individuals who allegedly violated his rights. However, if Mr.

Jones uses fictitious names he must provide sufficient information about each

defendant so that each defendant can be identified for purposes of service. 

Accordingly, it is

 ORDERED that Plaintiff, Bruce W. Jones, file within thirty (30) days from the

date of this order, an Amended Complaint that complies with the directives in this

order. It is

FURTHER ORDERED that Mr. Jones shall obtain the court-approved Prisoner

Complaint form (with the assistance of his case manager or the facility’s legal assistant),

along with the applicable instructions, at www.cod.uscourts.gov. It is

FURTHER ORDERED that, if Mr. Jones fails to file an Amended Complaint that

complies with this order to the Court’s satisfaction within the time allowed, the

Complaint and the action will be dismissed without further notice. 

DATED at Denver, Colorado, this 23rd day of January, 2012.

BY THE COURT:

s/Craig B. Shaffer 

Craig B. Shaffer

United States Magistrate Judge

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