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MEYER v. FEDERAL BUR. OF PRISONS

September 10, 1996

BRIAN K. MEYER, Plaintiff,
v.
FEDERAL BUREAU OF PRISONS, et al., Defendants.



The opinion of the court was delivered by: RICHEY

 INTRODUCTION

 Before the Court in the above-captioned case is the defendants' Motion to Dismiss or, in the alternative, for Summary Judgment, filed on February 16, 1996 in the above-captioned case. The plaintiff filed an Opposition thereto on August 2, 1996, to which the defendants Replied on August 15, 1996.

 Based on the parties' pleadings, the entire record herein, and the law applicable thereto, and for the reasons expressed below, the Court shall grant the defendants' Motion to Dismiss the plaintiff's claims against the defendant Jones in his individual capacity for lack of personal jurisdiction. The Court also shall grant the defendants' Motion to Dismiss with regard to the plaintiff's Constitutional claims. The Court shall grant summary judgment for the defendants with respect to the plaintiff's Privacy Act claims and shall deny summary judgment with respect to the plaintiff's FOIA request as further provided herein.

 BACKGROUND

 The plaintiff, a federal prisoner incarcerated at the Federal Medical Center at Rochester, Minnesota, is serving a 64-month prison sentence, with three years supervised release to follow, for the unlawful carrying of a firearm during and in relation to drug trafficking, and for the unlawful possession with intent to distribute marijuana. The plaintiff alleges that the defendant Bureau of Prisons ("BOP") and the defendant Michael Jones, an employee of the Federal Correctional Institution at Sandstone, Minnesota ("FCI-Sandstone"), violated his rights under the Privacy Act, 5 U.S.C. § 552a, the Freedom of Information Act, 5 U.S.C. § 552, and the United States Constitution.

 With respect to his Privacy Act claims, the plaintiff alleges that the defendant BOP and the defendant Jones, plaintiff's case manager at FCI-Sandstone, failed to amend the plaintiff's file to remove erroneous information. The plaintiff alleges that his Custody Classification Form contained five errors: a listing of a detainer, a management variable regarding the detainer, a listing of an incident report, a listing of poor financial responsibility, and a listing of prior history of violence as "serious," which raises his custody level from minimum to low. *fn1" Compl. P 10. The plaintiff alleges that the increase in his classification level to low somehow precluded him from receiving a reduction in his sentence. The plaintiff seeks an amendment to his record pursuant to the Privacy Act, as well as monetary relief in the amount of $ 1,000,000 for misuse of information in his record.

 With respect to his FOIA claim, the plaintiff seeks the production of three pages of documents concerning conversations between the defendant BOP's staff and the Federal Bureau of Investigations ("FBI") and the United States Attorney's Office in the Southern District of Illinois allegedly contained in his file. Compl. P 14. With respect to his constitutional claims, the plaintiff seeks the cessation of alleged violations of his right to access to the courts, to his mail, and to unmonitored conversations with legal counsel. The defendant also seeks a Court-ordered investigation into alleged racially and religiously motivated misconduct by the defendant Jones.

 DISCUSSION

 I. THE COURT SHALL DISMISS THE PLAINTIFF'S CLAIMS AGAINST THE DEFENDANT JONES IN HIS INDIVIDUAL CAPACITY PURSUANT TO FED. R. CIV. P. 12(b)(2); THE COURT DOES NOT HAVE PERSONAL JURISDICTION OVER THE DEFENDANT JONES BECAUSE JONES IS NOT ALLEGED TO HAVE CONDUCTED ANY BUSINESS OR MADE ANY CONTRACTS IN THE DISTRICT OF COLUMBIA, NOR IS HE ALLEGED TO HAVE HARMED THE PLAINTIFF IN ANY WAY IN THE DISTRICT OF COLUMBIA.

 The District of Columbia's long-arm statute, D.C. Code § 13-423, is the only basis upon which personal jurisdiction may be obtained over defendants who do not reside within or maintain a principal place of business in the District of Columbia. Reuber v. United States, 242 U.S. App. D.C. 370, 750 F.2d 1039, 1049 (D.C. Cir. 1984). The statute provides that a court in the District of Columbia may exercise personal jurisdiction over a defendant with regard to a claim arising from the defendant's conduct in:

 
(1) transacting any business in the District of Columbia;
 
(2) contracting to supply services in the District of Columbia;
 
(3) causing tortious injury in the District of Columbia by an act or omission in the ...

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