United States District Court, D. Maine
REPORT AND RECOMMENDATION
K. Johnstone United States Magistrate Judge
Samuel Hooker, has filed a complaint (Doc. Nos. 1, 1-1, 1-2)
which is before the court for preliminary review, pursuant to
28 U.S.C. §§ 1915A(a), 1915(e)(2). Also before the
court are plaintiff's motion for entry of default (Doc.
No. 23) and motion for default judgment (Doc. No. 25).
Facts Asserted in Complaint 
is a federal prisoner presently housed at the Federal Medical
Center Devens in Ayer, Massachusetts. At all times relevant
to this action, Hooker was in the custody of the United
States Marshals Service (“USMS”), in pretrial
detention at the Cumberland County Jail (“CCJ”)
in Portland, Maine. Hooker is partially paralyzed, and is
confined to a wheelchair.
August 8 and September 25, 2012, and January 28, 2013, Hooker
was transported by USMS, District of Maine
(“USMS-ME”) deputies, in a USMS-ME van, from the
CCJ to the federal courthouse in Portland, Maine, and from
the CCJ to the airport. The USMS-ME van in which Hooker was
transported on each occasion was not wheelchair-accessible.
each of the transports, USMS-ME deputies lifted Hooker out of
his wheelchair and into the rear compartment of the USMS-ME
van. Hooker's wheelchair was then placed in the van with
him. During one or more of these transports: Hooker
complained about not having a seatbelt and was told to hold
onto his wheelchair; was placed on something metal that
scraped him; was struck in the head with his wheelchair;
suffered injuries to his head, neck, back, and shoulder; and
experienced emotional distress.
2012, Hooker filed a suit in state court, which defendants
removed to the federal court concerning the same transports
that underlie this action. Defendants removed that matter to
this court. See Hooker v. Belanger et al., No. 2:12-
cv-346-JNL (D. Me.) (“2012 Case”),
Complaint (ECF No. 1-1), First Am. Compl. (ECF No. 20),
Second Am. Compl. (ECF No. 33). Each of the defendants named
here was a defendant in the 2012 Case. After the
initial complaint was filed, defendants removed the matter to
this court. See id., Notice of Removal (ECF No. 1).
In the 2012 Case, Hooker asserted: claims under
Bivens v. Six Unknown Fed. Narc. Agents, 403 U.S.
388 (1971), against USMS-ME supervisors and the transporting
deputies involved in the same transports at issue here; a
claim for damages under the Rehabilitation Act, alleging that
the federal defendants failed to accommodate his disability
during those transports; and claims for damages under the
Federal Tort Claims Act (“FTCA”).
2012 Case, Hooker's Rehabilitation Act claims, and
Bivens claims against the defendants in their
supervisory capacities, were dismissed for failure to state a
claim, see 2012 Case, Jan. 13,
2014 Order (ECF No. 38) (approving Dec. 18, 2013 R&R (ECF
No. 36)). The court granted summary judgment on the
Bivens claims asserted against the transporting
deputies on the basis of qualified immunity, See
Mar. 31, 2015 Order (ECF No. 94) (approving Mar. 12, 2015
R&R (ECF No. 92)). Hooker's FTCA claims were
dismissed, without prejudice, as Hooker had failed to
demonstrate that those claims had been administratively
exhausted prior to filing the 2012 Case.
judgment entered against him in the 2012 Case,
Hooker filed an appeal. The First Circuit affirmed the
judgment in the 2012 Case before plaintiff filed
this action. See Hooker v. Belanger, No. 15-1462
(1st Cir. Feb. 26, 2016).
Administrative Tort Claims
filing the instant action, Hooker filed four Administrative
Tort Claim actions with the USMS, each based on one of the
transports from which the claims in the instant case arise,
alleging that the defendants' actions were tortious. On
April 25, 2017, those administrative claims were denied, and
Hooker received “right to sue” letters from the
USMS, advising Hooker of his right to bring suit in federal