Manzo v. Rivers — Magistrate judge recommends dismissing inmate’s FTCA suit for lack of jurisdiction

Reported / Citable

Background

Federal inmate Marc A. Manzo sued two wardens at FCI Seagoville under the Federal Tort Claims Act, alleging that inadequate follow-up care and delays after three surgeries for a detached retina caused permanent vision loss in his left eye. He sought $3.5 million in compensatory damages and $1.5 million in punitive damages.

Manzo alleged that he began pursuing the Bureau of Prisons administrative-remedy process in March 2024 and that process ended in March 2025. His complaint did not allege that he filed an FTCA administrative claim with the agency, stated a sum certain in such a claim, or received a final agency denial before filing suit.

The Court’s Holding

Magistrate Judge Brian McKay recommended dismissing the complaint without prejudice for lack of subject-matter jurisdiction. The recommendation concluded that the wardens were not proper defendants because the United States is the only proper defendant in an FTCA action.

The recommendation further concluded that jurisdiction would still be absent even if the complaint were liberally construed as directed against the United States. The BOP grievance process is distinct from the FTCA claims procedure, and Manzo had not shown that he exhausted the FTCA’s administrative prerequisites before suing.

Key Takeaways

• An FTCA claim may be brought only against the United States, not against individual federal employees.
• Using the BOP’s inmate-grievance process does not, by itself, satisfy FTCA administrative-exhaustion requirements.
• The recommendation proposed dismissal without prejudice and stated that amendment appeared futile unless Manzo could show facts curing the jurisdictional defects during the objection period.

Why It Matters

The recommendation underscores that FTCA procedure is jurisdictional in the Fifth Circuit: a claimant must present a qualifying administrative claim to the appropriate agency, including a stated value, and obtain a final denial or wait six months before filing suit.

It also illustrates a recurring pleading problem in prisoner litigation. Claims concerning federal prison employees’ alleged torts must identify the United States as defendant and separately comply with the FTCA process, rather than rely solely on the prison’s internal grievance system.