United States District Court, District of Columbia
GEORGE E. CARTER-EL, Plaintiff,
UNITED STATES, Defendant.
B. WALTON UNITED STATES DISTRICT JUDGE
E. Carter-El brings this action against the United States of
America under the Federal Tort Claims Act
(“FTCA”), see 28 U.S.C. §§
2671-80. The defendant moves to dismiss the complaint for
lack of subject matter jurisdiction and for failure to state
a claim upon which relief can be granted. On consideration of
the defendant's motion and the plaintiff's
opposition, the Court grants the defendant's motion.
The Plaintiff's Criminal Convictions and Parole
plaintiff is serving the following four consecutive prison
• On March 18, 1986, the Superior Court of the District
of Columbia imposed a prison term of 9 to 27 years for armed
robbery (Case No. F 9266-85E)
• On November 19, 1986, the United States District Court
for the Eastern District of Virginia imposed a 90-day prison
term for escape (Case No. CR 86-252-A)
• On March 24, 1988, the Superior Court imposed a prison
term of 13 to 39 years on two counts of armed robbery (Case
No. F-4270-86 E, F, G)
• On October 14, 1988, the Superior Court imposed a
prison term of 4 months to 1 year for carrying a pistol
without a license (Case No. F 4270-86-K)
See generally Memorandum of Points and Authorities
in Support of Defendant's Motion to Dismiss
(“Def.'s Mem.”), Exhibit (“Ex.”)
A (Sentence Monitoring Computation Data). Accordingly, the
plaintiff's maximum aggregate prison sentence is 67 years
and 90 days, see id., Ex. A at 1, and is set to
expire on April 9, 2060, id., Ex. A at 2.
January 30, 2009, the plaintiff was released on parole.
See id., Ex. B (Certificate of Parole). At that
time, 16, 134 days remained on the plaintiff's maximum
aggregate prison sentence, and the plaintiff was placed under
the supervision of the Court Services and Offender
Supervision Agency (“CSOSA”) and under the
jurisdiction of the United States Parole Commission
(“Commission”) until April 3, 2053. Id., Ex.
B at 1; see id., Ex. A at 1. Among other conditions
of parole, the plaintiff was required not to violate any law
or possess any dangerous weapon or ammunition. See
id., Ex. B at 2 ¶¶ 8-9.
incidents in November 2009 preceded the plaintiff's
return to custody. On November 14, 2009, the plaintiff
allegedly assaulted and threatened two individuals with a
knife, and was charged with two counts of simple assault,
attempted threats to do bodily harm, and attempted possession
of a prohibited weapon. See id., Ex. C (Alleged
Violation(s) Report) at 4. Then, on November 30, 2009,
Metropolitan Police Department officers arrested the
plaintiff for carrying a dangerous weapon
(knife). Id., Ex. C at 3; see
generally id., Ex. C1 (Arrest/Prosecution Report).
on these two events, see id., Ex. D (Warrant
Application at 2 (Charge Nos. 2-3), as well as the
plaintiff's failures to submit to drug testing, see
id., Ex. D (Charge No. 1), the Commission issued a
warrant for his arrest on December 7, 2009, see id.,
Ex. D (Warrant), which was executed on April 29, 2010,
see id., Ex. D (United States Marshal's Return
to United States Parole Commission). Notwithstanding
dismissal of the criminal charges incurred by the plaintiff
on November 14, 2009 and November 30, 2009, see id.,
Ex. E (docket sheet), the Commission conducted a probable
cause hearing on May 4, 2010, see generally id., Ex.
F (D.C. Probable Cause Hearing Digest), and a parole
revocation hearing on February 10, 2011, see generally
id., Ex. H (Hearing Summary). The Commission ultimately
made no findings on the charged violations and reinstated the
plaintiff's community supervision. See id., Ex.
I (Notice of Action dated February 22, 2011).
plaintiff was again arrested by Metropolitan Police
Department officers on September 14, 2011, after finding a
loaded .32 caliber revolver on his person. See generally
id., Ex. K (Complaint). Thereafter, the plaintiff was
charged with the following four criminal offenses: possession
of a firearm by a convicted felon, carrying a pistol without
a license, possession of an unregistered firearm, and
possession of unregistered ammunition. See id., Ex.
J (Arrest/Prosecution Report). Eventually, a jury convicted
the plaintiff of all four offenses, and on August 14, 2012,
the Superior Court imposed a 72-month prison sentence
followed by a three-year term of supervised release. See
id., Ex. M (Judgment in a Criminal Case, Case No. 2011
CF2 017840). Based on the plaintiff's criminal conduct,
the Commission charged the plaintiff with violating the law,
see id., Ex. L (Warrant Application, Charge No. 3),
and issued a parole violation warrant on December 13, 2011,
see id., Ex. L (Warrant). However, instead of
executing its warrant, the Commission had it lodged as a
detainer, see id., Ex. O (Detainer), pending
expiration of the 72-month prison sentence, which the
plaintiff served at Rivers Correctional Institution in
Winton, North Carolina, see id., Ex. O at 1. In
addition, the Commission supplemented its warrant to reflect
the 2012 Superior Court conviction, see id., Ex. P
December 4, 2016, when the plaintiff completed this 72-month
prison sentence, see id., Ex. A at 1, the
Commission's warrant was executed, see id., Ex.
S (United States Marshal's Return to United States Parole
Commission), while8 the plaintiff was detained at Rivers
Correctional Institution. The Commission arranged to conduct
a parole revocation hearing by video conference on January
23, 2017, but the plaintiff refused to appear. See
id., Ex. U (Memo Regarding Hearing). The Commission
continued the hearing to the next available date,
id., Ex. V (Notice of Action), but again on April
20, 2017, the plaintiff refused to appear, see id.,
Ex. W (Revocation Hearing Institutional) at 1. A hearing
examiner then recommended revocation of the plaintiff's
parole, see id., Ex. W at 4, based on violation
reports prepared by the plaintiff's Community Supervision
Officer and the 2012 Superior Court conviction, see
id., Ex. W at 2-3. The Commission concurred and revoked
the plaintiff's parole, setting August 13, 2017, as the
plaintiff's effective parole date, see id., Ex.
X (Notice of Action) at 1.
Commission prepared a parole certificate on July 20, 2017,
but the plaintiff refused to sign it. See id., Ex. Y
at 1. The plaintiff has remained in custody pursuant ...