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DORMAN v. THORNBURGH

June 14, 1990

RICHARD T. DORMAN, et al., Plaintiffs,
v.
RICHARD THORNBURGH, et al., Defendants


George H. Revercomb, United States District Judge.


The opinion of the court was delivered by: REVERCOMB

GEORGE H. REVERCOMB, UNITED STATES DISTRICT JUDGE

 Plaintiff Richard T. Dorman is a prisoner currently incarcerated at the Federal Correctional Institution (F.C.I.) in Butner, North Carolina. Plaintiff Joannie Roberts also resides in North Carolina. The defendants include: Richard Thornburgh (United States Attorney General), the Bureau of Prisons (BOP), Michael Quinlan (BOP Director), G.L. Ingram (BOP Assistant Director), K.M. Hawk (BOP Assistant Director), J.D. Hadden (Warden F.C.I. Butner), Jim Brand (Unit Manager F.C.I. Butner), Mark Jackovich (Inmate Systems Manager F.C.I. Butner), Salley Hunt (UNICOR Quality Assurance Manager F.C.I. Butner), J.D. Clem (Retired Counselor F.C.I. Butner), Joe Falzone (Counselor F.C.I. Butner), Dave Herring (Counselor F.C.I. Butner), Mitchell Sprinkel (Case Manager F.C.I. Butner), C.B. Vann (Landscape Foreman F.C.I. Butner), and Keith Zutat (Case Manager F.C.I. Butner).

 Plaintiff Richard Dorman was previously assigned to work status with Federal Prison Industries, Inc. (UNICOR) at F.C.I. Butner as authorized by 29 C.F.R. § 345.12. Richard Dorman was removed from his work assignment at F.C.I. Butner for failure to participate satisfactorily in the Inmate Financial Responsibility Program, which requires that inmates apply a portion of their prison employment earnings toward certain financial obligations, such as restitution, fines, and assessments. 28 C.F.R. § 545.11; Program Statement 5380.1. Plaintiff Dorman contends that he did not apply any of his earnings to his court assessment because his wife, plaintiff Roberts, was disabled and unable to work and that he accordingly needed to forward his earnings to her to enable her to meet her living expenses.

 The essential claim which this Court can distill from the plaintiffs' forty-nine page complaint is that the defendants have allegedly conspired to deprive the plaintiffs of their fifth, eight and fourteenth amendment rights in removing plaintiff Dorman from his work assignment. The plaintiffs have sued the defendants in their individual and official capacities. *fn1"

 This matter is before the Court pursuant to the defendants' motion to dismiss or, in the alternative, to transfer and the plaintiffs' motion for leave to amend complaint.

 I. Lack of Personal Jurisdiction Over the Defendants in Their Individual Capacity

 The plaintiffs are seeking monetary damages from the defendants in their individual capacity and accordingly this Court must be able to assert personal jurisdiction over each of them. Only four of the individually named defendants (Richard Thornburgh, Michael Quinlan, G.L. Ingram, and K.M. Hawk) work in this city and have any contact with the District of Columbia. The remaining defendants were not personally served within the District of Columbia, are not residents of the District of Columbia, and are not within the reach of the District of Columbia long-arm statute which provides, in relevant part, that the Court:

 
may exercise personal jurisdiction over a person, who acts directly or by an agent, as to a claim for relief arising from the person's --
 
(1) transacting any business in the District of Columbia;
 
* * * *
 
(3) causing tortious injury in the District of Columbia by an act or omission in the District of Columbia;
 
(4) causing tortious injury in the District of Columbia by an act or omission outside the District of Columbia if he regularly does or solicits business, engages in any other persistent course of conduct, or derives substantial revenue from goods used or consumed, or services rendered, in the District of Columbia;

 D.C.Code § 13-423 (1989 Repl.). See generally Reuber v. United States, 242 U.S. App. D.C. 370, 750 F.2d ...


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