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Banks v. Allen

November 29, 2007

FREDERICK BANKS, PLAINTIFF
v.
ALLEN, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Judge Conner

MEMORANDUM

Presently pending before the court is a motion to dismiss the complaint of plaintiff Frederick Banks ("Banks"), filed on behalf of several prison officials from the Federal Prison Camp at Canaan ("FPC-Canaan" or "USP-Canaan") in Waymart, Pennsylvania and the Low Security Correctional Institution in Butner, North Carolina ("LSCI-Butner") (collectively, "defendants").*fn1 (Doc. 22.) Banks alleges that the named defendants have conspired to deprive him of his constitutional rights. For the reasons set forth below, the motion to dismiss will be granted.

I. Statement of Facts

Banks' complaint contains forty-two (42) counts against defendants, set forth as Bivens*fn2 claims, claims under the False Claims Act, a Privacy Act claim, and a claim of conspiracy. The allegations in Banks' complaint relate to events occurring in December 2006 at LSCI-Butner.*fn3 Banks contends that LSCI-Butner officials discovered that Banks had written an allegedly fictional short story about a female staff member, and, as a result, placed him in administrative detention pending an investigation for "stalking a female staff member." (Doc. 1 at 1-2.) Additionally, Banks alleges that defendants at both LSCI-Butner and FPC-Canaan formed a conspiracy to deny plaintiff his constitutional rights to freedom of religion, privacy, and equal protection when they allegedly discriminated against him based on his race and religion. (Id.)

The record demonstrates that, at the time defendants filed their motion to dismiss, Banks had filed twenty-nine (29) requests for administrative remedy from FPC-Canaan and the Federal Correctional Institution in Yazoo City, Mississippi ("FCI-Yazoo City"), where Banks is currently incarcerated, on various topics and to various levels, including the Northeast Regional, Southeast Regional, and Central Offices.*fn4 (Doc. 25-2 at 5-22.) None of the requests filed by Banks pertain to his claims in the instant complaint.*fn5

A. Conspiracy

In his complaint, Banks asserts that the defendants from FPC-Canaan and LSCI-Butner were involved in a "conspiracy against Banks." (Doc. 1 at 2.) In support, Banks claims that LSCI-Butner defendants contacted FPC-Canaan defendants to gather information about Banks and his "history as a federal inmate," and "therein concocted a plan to have Banks locked up in the contract they made together." (Id.) He also claims that all defendants conspired against him because of his "class based status in Pennsylvania and North Carolina as an African American and Indian citizen under pain of religious and racial discrimination in accordance with the contract defendants had together against Banks and that damaged Banks." (Id. at 4.) Banks provides no evidentiary support for these allegations.

B. Placement in the SHU

Banks claims that defendants retaliated against him for asserting his constitutional rights of religious freedom, privacy,*fn6 due process, and free speech when they placed him in administrative detention at LSCI-Butner. In support, he asserts that when defendants Allen and Dobson detained him pending an investigation into the subject of his short story, "Allen . . . stated that he and Dobson would lie to make sure Banks went down because the female staff member was white and Banks was just a black boy and Banks' religion as a pagan appalled them." (Doc. 1 at 2.) He also claims that all defendants conspired to confiscate his sacred holy book, "The book of the law," because of his "class based status in Pennsylvania and North Carolina as an African American and Indian citizen." (Id. at 2-3.) Finally, Banks claims that all defendants violated his right to be free from cruel and unusual punishment when they placed him in administrative detention.

C. False Claims Act

Banks asserts counts twenty-one (21) through forty (40) under the False Claims Act ("FCA"), see 31 U.S.C. § 3729 et seq. Banks' claim under the FCA is as follows: "By subjecting Banks to the . . . conditions [asserted in the complaint] defendants wilfully, intentionally, knowingly and purposefully infringed on Banks' rights in violation of the False Claims Act because they knew they were being paid by the United States when they were purposely and maliciously violating the constitution and laws of the United States . . . ." (Doc. 1 at 3-4.)

D. Notice of Lis Pendens

Banks contends that a lis pendens should be placed upon all defendants pending litigation of this action. Specifically, he argues that the court should recognize liens against the following property belonging to defendants: "air and mineral rights, mine head, swimming pools, real estate, homes, cars, boats, motorcycles, clothing, glasses, electronic equipment, all income past, present and future, paychecks, bonuses, bus passes, uniforms, badges, pants, shirts, undergarments, rings, all jewelry, all cosmetics, food, appliances, telephones, radios, computers, printers, cell phones, mutual funds, investments, stocks, bonds, all property of the spouses, etc." (Doc. 1 at 5.) Banks does not provide evidence of any commercial transactions between himself and any of the defendants. Rather, Banks seeks to have the ...


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