Swanson v. Lang et al

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IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
BENJAMIN GODWIN SWANSON, 	)
#34056-058, 	)
)
Plaintiff, 	)
)
vs. 	) 	Case No. 24-cv-02705-JPG
)
RONALD LANG 	)
and DANIEL HUGGINS, 	)
)
Defendants. 	)
MEMORANDUM AND ORDER
GILBERT, District Judge:
This matter is before the Court for a decision on Defendant Ronald Lang and Daniel
Huggins’s Motion to Dismiss (Doc. 37) and Plaintiff Benjamin Godwin Swanson’s Motion for
Leave to Amend Complaint (Doc. 42). For the reasons set forth below, Defendants’ unopposed
motion shall be GRANTED and Plaintiff’s motion shall be DENIED.
Background
Plaintiff Benjamin Swanson is an inmate in the custody of the Federal Bureau of Prisons
(FBOP) and filed this action under the Federal Tort Claims Acts (FTCA), 28 U.S.C. §§ 1346,
2671-2680, 28 U.S.C. § 1331, and Bivens v. Six Unknown Named Agents of Fed’l Bureau of
Narcotics, 403 U.S. 388 (1971). (Doc. 1). In the Complaint, Plaintiff claims Officer Lang targeted
him for retaliation after he refused a job assignment at the United States Penitentiary in Marion,
Illinois (USP-Marion).1 	He declined the offer because he feared arbitrary termination, and his
decision upset Lang. Id. at 9. In response, Lang encouraged other officers to mock, tease, bully,
1 This prison was reclassified as a federal correctional institution after the events giving rise to Plaintiff’s
Complaint. For purposes of this Order, the Court will refer to the facility as “USP-Marion.”
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harass, and play “mind games” with Plaintiff. 	Id. 	This included Lieutenant Huggins, who
threatened to have Plaintiff’s pay docked or have him placed in the special housing unit (SHU).
Plaintiff was also ordered to submit to hand restraints. This caused anxiety and depression. Id.
When Plaintiff again refused the job offer on January 26, 2023, Defendants Lang, Johnson,
Huggins, and Wallace falsely framed him for possessing staff clothing. Id. at 10. While Huggins
supervised, Lang instructed Johnson to retrieve an approved gray work vest from Plaintiff’s cell.
Id. The officers then transferred Plaintiff to the SHU while they investigated, and Johnson took
non-contraband personal property worth $405.20 from his cell and gave it away to other inmates.
Id. at 11.
Plaintiff received a disciplinary ticket for possession of the vest, and Officer Wallace
presided over the disciplinary hearing for Inmate DR#3726377 on February 10, 2023. 	In the
presence of two inmate representatives, Wallace said, “I know you’re innocent Swanson, but I was
told to find you guilty no matter what. We (Huggins & Lang) spent a lot of time to get you back
for being annoying.” Id. After being denied due process at his disciplinary hearing, Plaintiff was
released back into the general population. He does not indicate what decision was reached, what
punishment was given, whether he served time in the SHU, or the length of time he remained there.
Id.
After Plaintiff returned to the general population, Huggins told him that he was not allowed
to work in the recreation area ever again. When Plaintiff asked Huggins where his property went,
Huggins said, “Tort claim it.” Id. Plaintiff filed administrative remedy requests and a tort claim
before filing this suit seeking compensation for his personal property ($405.20) under the FTCA
and money damages for violations of his rights under the First, Fifth, Eighth, and Fourteenth
Amendments. He also seeks injunctive relief. Id.
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The Court screened the Complaint under 28 U.S.C. § 1915A and recognized these claims:
Count 1: 	FTCA claim against the United States for the negligent, wrongful, or
intentional loss of Plaintiff’s personal property worth $405.20 by Lang,
Huggins, Wallace, and Johnson during his housing transfer on or around
January 26, 2023.
Count 2: 	First Amendment claim against Lang, Huggins, Wallace, and Johnson for
retaliating against Plaintiff by issuing him a false disciplinary ticket for
unlawful possession of a staff vest after he refused to work for Lang on
January 26, 2023.
Count 3: 	Fifth Amendment claim against Lang, Huggins, Wallace, and Johnson for
issuing Plaintiff a false disciplinary ticket for possession of a staff vest on
January 26, 2023 and denying him due process of law at a disciplinary
hearing on February 10, 2023.
Count 4: 	Eighth Amendment claim against Lang and Huggins for verbally harassing
Plaintiff, cuffing him, and threatening him with placement in the SHU and
thereby causing him anxiety and depression.
(Doc. 11). Counts 1, 2, and 3 were dismissed with prejudice for failure to state a claim for relief
against the defendants.2 Id. at 7. Count 4 is the only claim that survived preliminary review, and
it proceeded against Defendants Lang and Huggins. Defendants Lang and Huggins were served
with this lawsuit, and Defendants Wallace and Johnson were dismissed. Id.
Motion to Dismiss
In lieu of answers, Defendants Lang and Huggins filed a joint motion seeking dismissal of
Count 4 pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. (Doc. 37). Defendants
assert six arguments in support of their motion, as follows: (1) Supreme Court developments
preclude Plaintiff from obtaining relief for excessive force and/or verbal harassment under Bivens;
(2) no constitutional claim is stated for the use of hand restraints, cuffing, and/or excessive force
on a single occasion; (3) no constitutional claim is stated for verbal harassment and threats to dock
2 Plaintiff pursued habeas relief in connection with DR #3726377, and the Central District of Illinois denied his Petition
for Writ of Habeas Corpus on September 10, 2025. Swanson v. Warden, Case No. 24-cv-1176-CRL (C.D. Ill.)
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the plaintiff’s pay and/or place him in the SHU; (4) Defendants are entitled to qualified immunity
on the verbal harassment claim; (5) the doctrine announced in Heck v. Humphrey bars the claim
for placement in the SHU; and (6) injunctive relief is not available. Id. Although he requested
and received an extension of time to file a response in opposition to this motion. (Docs. 40, 41).
In the end, Plaintiff filed no response in opposition to it.
Motion for Leave to Amend Complaint
Plaintiff instead moved for leave to file an amended complaint on September 4, 2025.
(Doc. 42). 	In his motion, Plaintiff explains that the original Complaint contained a “missing
count/claim,” and he states that the proposed amendment addresses this and other deficiencies in
the original Complaint that were noted by the Court. Id. The proposed Amended Complaint will
be discussed in more detail below.
Defendants filed a Response (Doc. 45) in opposition to Plaintiff’s motion. 	Defendants
argue that their pending motion should be granted and is not rendered moot by Plaintiff’s motion
for leave to amend the complaint. Defendants point out that Plaintiff failed to oppose the motion,
and they argue that his proposed Amended Complaint fails to cure any defects in the original
Complaint. The Court will discuss their arguments in more detail below.
Applicable Legal Standards
When presented with a motion to dismiss pursuant to Rule 12(b)(6), the Court must decide
the adequacy of the complaint. See FED. R. C IV. P. 12(b)(6); Gibson v. City of Chicago, 910 F.2d
1510, 1520 (7th Cir. 1990). The motion will be granted if the complaint does not include sufficient
factual allegations to “state a claim to relief that is plausible on its face” or “raise a right to relief
above the speculative level.” 	Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007). 	A
plausible claim requires the plaintiff to “plead[ ] factual content that allows the court to draw the
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reasonable inference that the defendant is liable for the misconduct alleged.” Ashcroft v. Iqbal,
556 U.S. 662, 678 (2009). 	A Plaintiff need not plead detailed factual allegations, but he or she
must provide “more than labels and conclusions, and a formulaic recitation of the elements.”
Twombly, 550 U.S. at 570. When considering a motion to dismiss filed pursuant to Rule 12(b)(6),
the Court must accept well-pleaded facts as true and draw all possible inferences in favor of the
plaintiff. McReynolds v. Merrill Lynch & Co., Inc., 694 F.3d 873, 879 (7th Cir. 2012).
Motions seeking leave to amend a complaint are governed by Rule 15. See FED. R. C IV. P.
15. Under Rule 15(a)(1), a party may amend a pleading once as a matter of course: (A) no later
than 21 days after serving it; or (B) if the pleading is one to which a responsive pleading is required,
21 days after service of a responsive pleading or 21 days after service of a motion under Rule
12(b), (e), or (f), whichever is earlier. See F ED. R. C IV. P. 15(a)(1)(A)-(B). Rule 15(a)(2) allows
a party to amend its pleading in all other situations “only with the opposing party’s written consent
or the court’s leave . . . when justice so requires.” See F ED. R. C IV. P. 15(a)(2)
A prisoner’s amended complaint is subject to threshold review under 28 U.S.C. § 1915A.
Similar legal standards apply to preliminary review of prisoner complaints under 28 U.S.C.
§ 1915A and motions to dismiss filed under Rule 12(b)(6). Section 1915A requires the Court to
screen prisoner complaints and dismiss any portion that fails to state a claim for relief, is legally
frivolous or malicious, or seeks money damages from a defendant who is immune from such relief.
28 U.S.C. § 1915A. Rule 12(b)(6) provides for dismissal of a complaint, or any portion of it, for
failure to state a claim upon which relief may be granted. F ED. R. C IV. P. 12(b)(6). To survive
review under both standards, a complaint must include sufficient facts to state a claim for relief
that is plausible on its face and must also state sufficient facts to raise the right to relief above the
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speculative level. Bissessur v. Indiana Univ. Bd. of Trs., 581 F.3d 599, 602-03 (7th Cir. 2009);
Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007).
Discussion
This case now focuses on Plaintiff’s Eighth Amendment claim (Count 4) against
Defendants Lang and Huggins for cuffing him, verbally harassing him, and threatening him. See
Docs. 1, 11. Count 4 is the only claim in the Complaint that survived screening under § 1915A.3
See id. 	Defendants assert that this claim is foreclosed by recent decisions of the United States
Supreme Court and/or Seventh Circuit Court of Appeals. (Doc. 37). Alternatively, the allegations
fail to articulate a constitutional claim. Id. Plaintiff does not address either argument, but seeks
leave to amend his complaint and expand this claim to include additional defendant(s) and
allegations. (Doc. 42).
Plaintiff brought Count 4 under 28 U.S.C. § 1331 and Bivens v. Six Unknown Named
Agents, 403 U.S. 388, 392 (1971). 	In Bivens, the Supreme Court first recognized an implied
damages remedy against individual federal agents for violations of the Fourth Amendment
prohibition against unreasonable searches and seizures. Bivens, 403 U.S. at 392. This remedy was
expanded to include a Fifth Amendment claim of gender discrimination in Davis v. Passman, 442
U.S. 228 (1979), and an Eighth Amendment claim of medical deliberate indifference in Carlson
v. Green, 446 U.S. 14 (1980). In the past four-plus decades since Bivens, Davis, and Carlson were
decided, the Supreme Court has declined to extend this implied damage remedy into any new
context while making clear that it strongly disfavors all further expansion of the remedy. Ziglar
v. Abbasi, 582 U.S. 120 (2017).
3 Counts 1, 2, and 3 were dismissed with prejudice, see Doc. 11, so the Court will not address Defendants’
arguments supporting the dismissal of those claims or Plaintiff’s attempts to reinstate them.
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Going forward, district courts presented with any Bivens-type claim must decide whether
the claim meaningfully differs from the three claims previously recognized by the Supreme Court.
Egbert v. Boule, 596 U.S. 482, 492 (2022). In addition, these courts must analyze “special factors”
that counsel hesitation in expanding the remedy into a new context without congressional action.
The analysis often boils down to whether there is any reason to think Congress is better positioned
to create a damages remedy. Frequently, Congress is in a better position. Id.
Against this backdrop and with the benefit of thorough and unopposed briefing on the
matter, the Court finds that Count 4 is meaningfully different from the claims at issue in Bivens,
Davis, and Carlson. 	Plaintiff’s claim is factually and legally distinguishable from the Fourth
Amendment claim in Bivens, the gender discrimination claim at issue in Davis, and the Eighth
Amendment medical deliberate indifference claim in Carlson. Plaintiff brings his claim against
the prison’s sports specialist (Lang) and a lieutenant (Huggins) for cuffing, verbal harassment, and
threats under the Eighth Amendment. Bivens, Davis, and Carlson do not address an identical or
similar claim under the Eighth Amendment.
Count 4 is most like the Eighth Amendment excessive force claim against prison officials
at issue in Goldey v. Fields, 606 U.S. 942, 944 (2025). The Supreme Court issued this decision
after Plaintiff’s Complaint was screened, see Doc. 11, and Count 4 was allowed to proceed. 	In
Goldey, the Court dismissed the Eighth Amendment excessive force claim after determining that
it presented a new context and that special factors counseled against expansion of the Bivens
remedy to include it. 	Id. The Seventh Circuit Court of Appeals reached similar conclusions in
two cases against prison officials who allegedly used excessive force against an inmate and/or
failed to protect an inmate from its use. See Ajaj v. Fozzard, App. No. 23-2219, 2024 WL 4002912
(7th Cir. Aug. 30, 2024) (Eighth Amendment excessive force claim against prison guard presents
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new context); Sargent v. Barfield, 87 F.4th 358, 366 (7th Cir. 2023) (Eighth Amendment failure-
to-protect claim against inmate’s case manager presents new context). 	Like those Eighth
Amendment claims at issue in Goldey, Ajaj, and Sargent, Count 4 presents a new context.
Special factors weigh against expanding the Bivens remedy into this next context. Just as
the Court explained in Goldey, expansion of this remedy to cover such claims against prison
officials would make it “inordinately difficult” to run the prison. Goldey, 606 U.S. at 944. And,
an alternative remedial scheme exists to address these issues at the facility using the administrative
remedies process available through the Federal Bureau of Prisons. Id. (citing Egbert, 596 U.S.
490-91); Skyberg v. James, 2025 WL 1672871, at *2 (7th Cir. June 13, 2025) (administrative
remedies process allows inmate to seek redress for complaints about work assignments, health,
and housing). Consistent with this precedent, this Court finds that Plaintiff’s Eighth Amendment
claim against Defendants Lang and Huggins is foreclosed by Egbert, Goldey, and progeny.
Plaintiff’s request for injunctive relief stemming from his claims in this case are moot
because his underlying claims have been dismissed and he is no longer housed at the facility where
the events giving rise to the claim occurred. 	See Lehn v. Holmes, 364 F.3d 862, 871 (7th Cir.
2004); Lopez-Aguilar v. Marion Cty. Sheriff’s Dep’t, 924 F.3d 375, 395 (7th Cir. 2019). Injunctive
relief is unavailable.
Defendants’ motion to dismiss Count 4 shall be granted. 	Plaintiff’s motion for leave to
amend the complaint shall be denied.4 Because no other claims remain pending, this case shall be
dismissed with prejudice.
4 Any property claim Plaintiff attempts to re-cast as a Fourth Amendment claim is also foreclosed by Egbert and its
progeny.
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Disposition
Defendant 	Ronald 	Lang 	and 	Daniel 	Huggins’s 	Motion 	to 	Dismiss 	(Doc. 	37) 	is
GRANTED, and Plaintiff Swanson’s Motion for Leave to Amend Complaint (Doc. 42) is
DENIED. 	COUNT 4 is DISMISSED without prejudice against Defendant Ronald Lang and
Daniel Huggins. Because no other claim remains pending, the entire action is DISMISSED with
prejudice.
The Clerk’s Office is DIRECTED to ENTER the judgment and close this case.
IT IS SO ORDERED.
DATED: 3/2/2026
s/ J. Phil Gilbert
J. PHIL GILBERT
United States District Judge
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