Muniz v. United States, 2025 U.S. App. LEXIS 20540
(August 13, 2025) Scirica, Circuit Judge.
Judges: RESTREPO, MONTGOMERY-REEVES, and SCIRICA, Circuit Judges. RESTREPO, Circuit Judge, concurring.
In limited contexts, the Supreme Court recognizes a cause of action against federal officers to redress a violation of constitutional rights. Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388, 397, 91 S. Ct. 1999, 29 L. Ed. 2d 619 (1971). Ronaldo Muniz, a federal inmate, challenges the District Court’s denial of a Bivens remedy for his Eighth Amendment deliberate indifference claim, arguing that his case is sufficiently analogous to the Supreme Court’s decision in Carlson v. Green, 446 U.S. 14, 100 S. Ct. 1468, 64 L. Ed. 2d 15 (1980), that his claim should proceed. Because this Court’s opinion in Kalu v. Spaulding, 113 F.4th 311 (3d Cir. 2024), held the availability of an alternative remedy creates a new context from Carlson and cautions against implying a new Bivens cause of action, we disagree. Muniz’s Bivens claim cannot proceed because he had access to the Bureau of Prisons (“BOP”) administrative remedial mechanism (“ARP”).
Muniz also challenges the dismissal of his claim under the Rehabilitation Act, 29 U.S.C. § 794. But he concedes on appeal that his claim is barred by federal sovereign immunity. Accordingly, we will affirm.
The Supreme Court recently “made clear that, in all but the most unusual circumstances, prescribing a cause of action is a job for Congress, not the courts.” Goldey, 145 S. Ct. at 2614 (quoting Egbert, 596 U.S. at 486). This case does not present that unusual circumstance. For the reasons set forth above, we will affirm the District Court’s Order of December 7, 2023.
Circuit Judge Restrepo concurred.
• Bivens does not apply where there was an alternative remedy for a prisoner such as access to the Bureau of Prisons Remedial Mechanism.
• Bivens does not apply where there is the ability to exhaust administrative remedies.
• A claim under the Rehabilitation Act is barred by sovereign immunity.
