Peter Bistrian v. Troy Levi
696 F.3d 352 · Court of Appeals for the Third Circuit · 2012
Facts
Peter Bistrian, a federal detainee, cooperated with FDC Philadelphia officials by intercepting notes among violent inmates. The operation was botched, exposing Bistrian, who then received threats and was subsequently attacked twice by inmates in the recreation yard. He also alleged unlawful administrative segregation for 447 days, violating his due process and First Amendment rights.
Issue
Did the District Court err in denying the defendants' motion to dismiss Bistrian's claims of failure to protect, punitive detention, procedural due process violations, and First Amendment retaliation, given the pleading standards and qualified immunity defense?
Holding
The Court of Appeals affirmed in part, reversed in part, and remanded, allowing some claims for failure to protect (first attack), punitive detention (some periods), procedural due process, and First Amendment retaliation to proceed against specific defendants, while dismissing other claims and defendants.
Rule
To survive a motion to dismiss, a complaint must plead sufficient factual matter to state a plausible claim, requiring more than mere possibility. For Bivens actions, a plaintiff must plead each government official's individual actions violated a clearly established constitutional right, not through respondeat superior.
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