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Carter-el v. United States

United States District Court, District of Columbia

November 18, 2019

GEORGE E. CARTER-EL, Plaintiff,
v.
UNITED STATES, Defendant.

          MEMORANDUM OPINION

          REGGIE B. WALTON UNITED STATES DISTRICT JUDGE

         George 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.

         I. BACKGROUND

         A. The Plaintiff's Criminal Convictions and Parole

         The plaintiff is serving the following four consecutive prison sentences:

• 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.

         On 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.[1] 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.

         Two 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).[2] Id., Ex. C at 3; see generally id., Ex. C1 (Arrest/Prosecution Report).

         Based 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).

         The 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).[3] 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 (Supplement).

         On 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.

         The 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 ...


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