Lewal v. Ali, 289 F. App'x 515 (3d Cir. 2008). · Go Syfert
Lewal v. Ali, 289 F. App'x 515 (3d Cir. 2008). Cases Citing This Book View Copy Cite
89 citation events (89 in the last 25 years) across 4 distinct courts.
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At page 516 Dismissal of claims for lack of subject matter jurisdiction74 citing cases“an action against government officials in their official capacities constitutes an action against the united states; and bivens claims against the united states are barred by sovereign immunity, absent an explicit waiver.”22 citing courts quote it · passage not found verbatim in the opinion (80%) · 50 listed here
  • Gayle v. United States, No. 1:23-cv-00861 (M.D. Penn. Mar. 25, 2025). 2 cites
    (Bivens claims against the United States are barred by sovereign immunity, absent an explicit waiver.)
  • Talley v. Pennsylvania Dept. of Corr., No. 2:19-cv-01589, 2024 WL 1253626 (E.D. Pa. Mar. 21, 2024).
    (An action against government officials in their official capacities constitutes an action against the United States; and Bivens claims against the United States are barred by sovereign immunity, absent an explicit waiv…)
  • Ramirez Caal v. Trenton, No. 3:21-cv-10283 (D.N.J. Apr. 29, 2022). 2 cites
    (An action against government officials in their official capacities constitutes an action against the United States; and Bivens claims against the United States are barred by sovereign immunity, absent an explicit waiv…)
  • Alexis v. Sessions, No. 1:18-cv-02099 (D.N.J. Feb. 8, 2021).
    (An action against government officials in their official capacities constitutes an action against the United States; and Bivens claims against the United States are barred by sovereign immunity, absent an explicit waiv…)
  • South v. Fed. Bureau of Prisons, No. 1:20-cv-09045 (D.N.J. Aug. 6, 2020).
    (An action against government officials in their official capacities constitutes an action against the United States; and Bivens claims against the United States are barred by sovereign immunity, absent an explicit waiv…)
  • <font Color=\red\">do Not File in This case</font> Transferred to Trenton - New Civil Action No. 3:18-cv-13943", No. 1:18-cv-13943 (D.N.J. Mar. 16, 2020).
    (An action against government officials in their official capacities constitutes an action against the United States; and Bivens claims against the United States are barred by sovereign immunity, absent an explicit waiv…)
  • Wilson v. Horwitz, No. 3:18-cv-02237 (M.D. Penn. Jan. 6, 2020).
    (An action against government officials in their official capacities constitutes an action against the United States [and is] barred by sovereign immunity, absent an explicit waiver.)
  • Bradley, No. 2:25-cv-04753 (E.D. Pa. Jan. 12, 2026).
    (See ECF No. 2-8 at 122- 175.) Even assuming the United States or its government could be liable for the actions of federal judges, the claims against these Defendants fail because suits against the United States are “barred by sovereign i…
  • Steven Jamal Williford v. State of Pennsylvania, Et Al., No. 5:25-cv-04608 (E.D. Pa. Oct. 14, 2025).
    However, “[a]n action against government officials in their official capacities constitutes an action against the United States; and Bivens claims against the United States are barred by sovereign immunity, absent an explicit waiver.” Lewa…
  • Aguilar v. Fed. Bureau of Prisons, No. 1:25-cv-00208 (M.D. Penn. Aug. 13, 2025).
    “Absent a waiver, sovereign immunity shields the Federal Government and its agencies from suit.” This immunity applies with equal force to federal officers sued in their official capacities; such a suit is essentially a suit against the Un…
Show 40 more citing cases
  • JONES v. United States, No. 2:25-cv-01650 (E.D. Pa. June 12, 2025).
    (See generally Compl.) As an initial matter, Jones’s claims against Defendant United States of America fail because suits against the federal government are “barred by sovereign immunity, absent an explicit waiver.” Lewal v. Ali, 289 F. Ap…
  • Braxton v. Fed. Det. Ctr., No. 2:25-cv-00540 (E.D. Pa. Apr. 28, 2025).
    Even liberally construing the Complaint as Bivens claims against the United States since FDCP is an agency of the United States through the Bureau of Prisons (“BOP”), such claims are “barred by sovereign immunity, absent an explicit waiver…
  • Graham v. Fema, No. 2:23-cv-04294 (E.D. Pa. Jan. 3, 2025).
    See F.D.I.C. v. Meyer, 510 U.S. 471, 475 (1994) (“Absent a waiver, sovereign immunity shields the Federal Government and its agencies from suit.”); Lewal v. Ali, 289 F. App’x 515, 516 (3d Cir. 2008) (per curiam) (“Bivens claims against the…
  • Euclid v. Transp. Sec. Admin., No. 2:23-cv-04335 (E.D. Pa. Oct. 31, 2024).
    Also, Mr. Euclid only sued the TSA, which is immune from suit. , 510 U.S. 471, 475 (1994) (“Absent a waiver, sovereign immunity shields the Federal Government and its agencies from suit.”); , 289 F. App’x 515, 516 (3d Cir. 2008) ( ) (“ cla…
  • Crumble v. United States of Am., No. 1:23-cv-01342 (M.D. Penn. Sept. 12, 2024).
    (unpublished)
  • Thornton-Bey v. Fed. Bureau of Prisons, No. 1:22-cv-01790 (M.D. Penn. July 9, 2024).
    (not precedential)
  • Stanton v. Paul, No. 1:22-cv-00647 (M.D. Penn. May 1, 2024).
    (not precedential)
  • WIGGS v. United States, No. 2:21-cv-04378 (D.N.J. Apr. 5, 2024). 2 cites
    Corp. v. Malesko, 534 U.S. 61, 72 (2001); Lewal v. Ali, 289 F. App’x 515, 516 (3d Cir. 2008); Belt v. Fed.
  • Ortiz v. Messinger, No. 1:23-cv-00315 (M.D. Penn. Mar. 26, 2024).
    (unpublished)
  • Grant v. United States of Am., No. 2:21-cv-10606 (D.N.J. Jan. 31, 2024).
    Corp. v. Malesko, 534 U.S. 61, 72 (2001); Lewal v, Ali, 289 F. App’x 515, 516 (3d Cir. 2008); Belt v. Fed, Bureau of Prisons, 336 F, Supp. 3d 428, 436 (D.NJ . 2018).
  • Euclid v. Transp. Sec. Admin., No. 2:23-cv-04335 (E.D. Pa. Dec. 29, 2023).
    Congress has not waived the Federal Government’s immunity for claims, so those claims cannot proceed against the Government or its agencies. , 289 F. App’x 515, 516 (3d Cir. 2008) ( ) The TSA is a federal agency and thus immune from suit u…
  • Custer v. Green, No. 2:23-cv-01903, 2023 WL 8358123 (E.D. Pa. Dec. 1, 2023).
    However, “[a]n action against government officials in their official capacities constitutes an action against the United States; and Bivens claims against the United States are barred by sovereign immunity, absent an explicit waiver.” Lewa…
  • Styles v. Ortiz, No. 2:23-cv-03755 (E.D. Pa. Nov. 21, 2023).
    However, “[a]n action against government officials in their official capacities constitutes an action against the United States; and Bivens claims against the United States are barred by sovereign immunity, absent an explicit waiver.” Lewa…
  • Miller v. Broaddas, No. 2:22-cv-02738 (E.D. Pa. Aug. 25, 2023).
    A Bivens action against federal officials in their official capacities constitutes an action against the United States; and Bivens claims against the United States are barred by sovereign immunity, absent an explicit waiver.” Lewal v. Ali,…
  • DUBOSE v. United States, No. 2:23-cv-02107 (E.D. Pa. Aug. 4, 2023).
    See F.D.I.C. v. Meyer, 510 U.S. 471, 475 (1994) (“Absent a waiver, sovereign immunity shields the Federal Government and its agencies from suit.”); Lewal v. Ali, 289 F. App’x 515, 516 (3d Cir. 2008) (per curiam) (“Bivens claims against the…
  • Berutti v. Wolfson, No. 2:22-cv-04661 (D.N.J. Aug. 4, 2023).
    Under that standard, the Standing Orders are valid if they “rationally further[] a legitimate 83 Lewal v. Ali, 289 F. App’x 515, 516 (3d Cir. 2008) (per curiam) (citing Meyer, 510 U.S. at 471). 84 As expressed above, at oral argument, Beru…
  • Gedeon v. Pratter, No. 2:23-cv-02841, 2023 WL 4918323 (E.D. Pa. July 31, 2023).
    See F.D.I.C. v. Meyer, 510 U.S. 471, 475 (1994) (“Absent a waiver, sovereign immunity shields the Federal Government and its agencies from suit.”); Lewal v. Ali, 289 F. App’x 515, 516 (3d Cir. 2008) (per curiam) (“Bivens claims against the…
  • Henareh v. Cullen, No. 1:22-cv-01152 (M.D. Penn. July 10, 2023).
    “An action against government officials in their official capacities constitutes an action against the United States [and is] barred by sovereign immunity, absent an explicit waiver.” Lewal v. Ali, 289 F. App’x 515, 516 (3d Cir. 2008); Web…
  • RAWLS v. United States, No. 1:23-cv-00431 (D.N.J. June 1, 2023).
    Corp. v. Malesko, 534 U.S. 61, 72 (2001); Lewal v. Ali, 289 F. App’x 515, 516 (3d Cir. 2008); Jaffee v. United States, 592 F.2d 712 , 717–18 (3d Cir. 1979); Belt v. Fed.
  • LAOYE v. United States, No. 3:14-cv-05195, 2023 WL 2263670 (D.N.J. Feb. 28, 2023).unpublished
    Corp. v. Malesko, 534 U.S. 61, 72 (2001); Lewal v. Ali, 289 F. App’x 515, 516 (3d Cir. 2008); Belt v. Fed.
  • LIGON v. United States, No. 1:22-cv-05031 (D.N.J. Jan. 31, 2023).
    Corp. v. Malesko, 534 U.S. 61, 72 (2001); Lewal v. Ali, 289 F. App’x 515, 516 (3d Cir. 2008); Jaffee v. United States, 592 F.2d 712 , 717–18 (3d Cir. 1979); Belt v. Fed.
  • Collins v. Small Bus. Admin., No. 2:22-cv-04104 (E.D. Pa. Jan. 6, 2023).
    See F.D.I.C. v. Meyer, 510 U.S. 471, 475 (1994) (“Absent a waiver, sovereign immunity shields the Federal Government and its agencies from suit.”); Lewal v. Ali, 289 F. App’x 515, 516 (3d Cir. 2008) (per curiam) (“Bivens claims against the…
  • Willis v. Fed. Bureau of Prisons, No. 2:22-cv-02682 (E.D. Pa. Oct. 27, 2022).
    F.D.I.C. v. Meyer, 510 U.S. 471, 475 (1994) (“Absent a waiver, sovereign immunity shields the Federal Government and its agencies from suit.”); Lewal v. Ali, 289 F. App’x 515, 516 (3d Cir. 2008) (per curiam) (“Bivens claims against the Uni…
  • Gedeon v. The Attorney Gen., No. 2:22-cv-03595 (E.D. Pa. Oct. 12, 2022).
    See Consejo de Desarrollo Economico de Mexicali, A.C. v. United States, 482 F.3d 1157 , 1173 (9th Cir.2007) (explaining that a “Bivens action can be maintained against a defendant in his or her individual capacity only, and not in his or h…
  • Alvarez v. Hud, No. 2:22-cv-03631 (E.D. Pa. Oct. 5, 2022).
    F.D.I.C. v. Meyer, 510 U.S. 471, 475 (1994) (“Absent a waiver, sovereign immunity shields the Federal Government and its agencies from suit.”); Lewal v. Ali, 289 F. App’x 515, 516 (3d Cir. 2008) (per curiam) (“Bivens claims against the Uni…
  • Carcamo v. Vera & Versawsky Representation, No. 2:22-cv-03762 (D.N.J. Sept. 13, 2022).
    Lewal v. Ali, 289 F. App'x 515, 516 (3d Cir. 2008).
  • Guilford v. Fci Williamsburg, No. 2:22-cv-01945 (E.D. Pa. Sept. 6, 2022).
    F.D.I.C. v. Meyer, 510 U.S. 471, 475 (1994) (“Absent a waiver, sovereign immunity shields the Federal Government and its agencies from suit.”); Lewal v. Ali, 289 F. App’x 515, 516 (3d Cir. 2008) (per curiam) (“Bivens claims against the Uni…
  • Landis v. Ebbert, No. 1:19-cv-00470 (M.D. Penn. July 11, 2022). 2 cites
    (nonprecedential)
  • Goldstein v. President & Chief Couns. Dept. of Health, Washington, Dc, No. 2:22-cv-01342 (E.D. Pa. July 6, 2022).
    The Supreme Court has recognized an implied private action against federal officials in only four cases,4 and most 2 The remaining Defendants are not federal actors and not subject to a claim under Bivens. 3 Although Bivens provides a reme…
  • Goldstein v. United States Postmaster Gen., No. 2:22-cv-01343 (E.D. Pa. July 6, 2022).
    Bivens provides a judicially recognized remedy for constitutional violations committed by federal actors in limited circumstances.2 Since Bivens was decided in 1971, the Supreme Court “has repeatedly refused 2 Although Bivens provides a re…
  • Guilford v. Fci Williamsburg, No. 2:22-cv-01945 (E.D. Pa. June 16, 2022).
    See F.D.I.C. v. Meyer, 510 U.S. 471, 475 (1994) (“Absent a waiver, sovereign immunity shields the Federal Government and its agencies from suit.”); Lewal v. Ali, 289 F. App’x 515, 516 (3d Cir. 2008) (per curiam) (“Bivens claims against the…
  • Noriega v. United States of Am., No. 2:21-cv-03589 (D.N.J. June 15, 2022).
    Corp. v. Malesko, 534 US. 61, 72 (2001); Lewal v. Ali, 289 F. App’x 515, 516 (3d Cir. 2008); Belt v. Fed.
  • Stubbs v. Skrepenak, No. 1:22-cv-00940 (M.D. Penn. June 13, 2022).
    Lewal v. Ali, 289 F. App’x 515, 516 (3d Cir. 2008) (per curiam); see also F.D.I.C. v. Meyer, 510 U.S. 471, 475 (1994) (“Absent a waiver, sovereign immunity shields the Federal Government and its agencies from suit.”); Brooks v. Bledsoe, 68…
  • Stubbs v. Skrepenak, No. 2:22-cv-00889 (E.D. Pa. June 13, 2022).
    Lewal v. Ali, 289 F. App’x 515, 516 (3d Cir. 2008) (per curiam); see also F.D.I.C. v. Meyer, 510 U.S. 471, 475 (1994) (“Absent a waiver, sovereign immunity shields the Federal Government and its agencies from suit.”); Brooks v. Bledsoe, 68…
  • Goldstein v. The President Joseph Biden, No. 2:22-cv-01337 (E.D. Pa. June 10, 2022).
    Egbert v. Boule, No. 21-147, 596 U.S. __ (June 8, 2022), slip op. at 14. 3 Although Bivens provides a remedy against federal actors, “[a]n action against government officials in their official capacities constitutes an action against the U…
  • Hall v. Sampson, No. 2:21-cv-04839 (E.D. Pa. June 8, 2022).
    Bivens provides a judicially recognized remedy for constitutional violations committed by federal actors in limited circumstances.3 Since Bivens was decided in 1971, the Supreme Court “has repeatedly refused to extend Bivens actions beyond…
  • Butler v. City of Allentown, No. 5:22-cv-01471 (E.D. Pa. May 19, 2022).
    Although Butler named the United States as a Defendant, “Bivens claims against the United States are barred by sovereign immunity, absent an explicit waiver.” Lewal v. Ali, 289 F. App’x 515, 516 (3d Cir. 2008) (per curiam); see also F.D.I.…
  • Adames v. Pistro, No. 2:21-cv-02855 (E.D. Pa. Jan. 28, 2022).
    (ECF No. 16 at 2.) Although Bivens provides a remedy against federal actors in limited circumstances, “[a]n action against [federal] government officials in their official capacities constitutes an action against the United States; and Biv…
  • Wilson v. United States of Am., No. 2:21-cv-10004 (D.N.J. Jan. 20, 2022).
    FDIC v. Meyer, 510 U.S. 471, 475 (1994); Larson v. Domestic & Foreign Commerce Corp., 337 U.S. 682, 687 (1949) (sovereign immunity bars suit against the United States either for damages or for injunctive relief requiring government action.…
  • Rowland v. Pistro, No. 2:21-cv-04466, 2021 WL 5631692 (E.D. Pa. Nov. 29, 2021).
    DISCUSSION Rowland brings constitutional claims against federal actors presumably pursuant to Bivens, which provides a judicially recognized remedy for constitutional violations committed by federal actors in limited circumstances.6 Since…
Akram LEWAL, Appellant
v.
R. ALI; Dr. J. Brady, Chief Medical Supervisor; James Patope, Assistant Healthcare Admin.; Troy Williamson, Warden
07-2865.
Court of Appeals for the Third Circuit.
Aug 11, 2008.
Unpublished opinion
289 F. App'x 515
Akram Lewal, Allenwood LSCI, White Deer, PA, for Appellant., Melissa A. Swauger, Office of United States Attorney, Harrisburg, PA, for Appellees.
McKee, Smith, Chagares.
Cited by 77 opinions  |  Unpublished

OPINION

PER CURIAM.

Appellant Akram Lewal appeals pro se from the District Court’s order dismissing his Bivens [1] action against the government defendants in their official capacities and granting summary judgment in favor of the government defendants on the ground of qualified immunity to the extent they were sued in their individual capacities. For the following reasons, we will affirm the judgment of the District Court.

Because we write primarily for the parties, we need not repeat the details of Lewal’s claims here. In brief, Lewal, an[*516] inmate at the Allenwood Low Security Correctional Institution (“LSCI-Allenwood”) in White Deer, Pennsylvania, contends that the defendants have been deliberately indifferent to his serious medical needs, in contravention of the Eighth Amendment. [2] Specifically, Lewal claims that the defendants demonstrated deliberate indifference when they refused to administer an MRI or to allow an “independent” physician to perform an MRI. In addition, Lewal complains of the treatment he has received for a foot infection. Although it is not entirely clear from his complaint, Lewal also appears to allege that his Equal Protection rights were violated because he was refused an MRI due to his illegal alien status, Muslim religion, and nationality as an Afghan. Lewal further alleges that the defendants had conspired to deprive him of his constitutional rights.

Defendants filed a motion to dismiss and for summary judgment. Lewal filed a brief in opposition to the motion, as well as a number of exhibits. The District Court granted defendants’ motion to dismiss and for summary judgment. First, the District Court dismissed Lewal’s claims for monetary damages against the defendants in their official capacities, reasoning it lacked subject matter jurisdiction to adjudicate those claims. Second, the District Court granted the defendants’ motion for summary judgment based on the affirmative defense of qualified immunity to the extent the defendants were sued in their individual capacities. The District Court concluded that the defendants had not violated the Eighth Amendment and that, even if they had, objectively reasonable medical personnel under the same circumstances would have believed them conduct was lawful. Because defendants had demonstrated there had been no violation of Lewal’s constitutional rights, the District Court concluded the defendants were likewise entitled to summary judgment on Lewal’s conspiracy allegations. Lewal timely appealed.

We have jurisdiction over this appeal under 28 U.S.C. § 1291. We exercise plenary review over a dismissal of a complaint for lack of subject matter jurisdiction. See Gould Elecs. Inc. v. United States, 220 F.3d 169, 176 (3d Cir.2000). We also exercise plenary review of a district court’s summary judgment ruling on qualified immunity. A.W. v. Jersey City Public Schools, 486 F.3d 791, 794 (3d Cir.2007) (citations omitted). We can affirm the district court on any basis supported by the record. Fairview Twp. v. EPA, 773 F.2d 517, 525 n. 15 (3d Cir.1985).

Lewal’s Bivens claims against the defendants in them official capacities were properly dismissed. An action against government officials in their official capacities constitutes an action against the United States; and Bivens claims against the United States are barred by sovereign immunity, absent an explicit waiver. See FDIC v. Meyer, 510 U.S. 471, 483, 114 S.Ct. 996, 127 L.Ed.2d 308 (1994); Jaffee v. United States, 592 F.2d 712, 717 (3d Cir.1979). See also Consejo de Desarrollo Economico de Mexicali v. United States, 482 F.3d 1157, 1173 (9th Cir.2007) (Bivens action can be maintained against a defendant in his or her individual capacity only).

In addition, we conclude that summary judgment was properly granted in favor of the defendants in their individual capacities on the grounds of qualified immunity with respect to Lewal’s Eighth Amendment claim. When examining[*517] whether officials are entitled to qualified immunity, we first determine whether the conduct alleged by the plaintiff violated a constitutional right. Scott v. Harris, 550 U.S. 372, -, 127 S.Ct. 1769, 1774, 167 L.Ed.2d 686 (2007); see also Showers v. Spangler, 182 F.3d 165, 172 (3d Cir.1999). If so, the second step is to determine whether the unlawfulness of the action would have been apparent to an objectively reasonable official. Showers, 182 F.3d at 172. Here, Lewal’s disagreement as to the proper medical treatment he should receive does not support an Eighth Amendment claim. See Monmouth County Correctional Institutional Inmates v. Lanzaro, 834 F.2d 326, 346 (3d Cir.1987). Accordingly, summary judgment was properly entered in favor of the defendants.

Finally, although the District Court did not address Lewal’s Equal Protection claim, we conclude that the defendants were entitled to summary judgment on that claim because Lewal failed to set forth any facts showing that there was a genuine issue for trial. See United States v. 717 S. Woodward St., 2 F.3d 529, 533 (3d Cir.1993). [3]

To the extent Lewal attempts to raise claims for the first time on appeal, we decline to address them. Further, Lewal’s appellate reply brief appears to attempt to re-litigate claims that were resolved in pri- or lawsuits he filed in the Second Circuit. Lewal is clearly barred from doing so by the doctrine of res judicata. Lewal also complains that he never received a copy of the exhibits the appellees filed for this appeal. However, appellees have not filed any exhibits.

For the foregoing reasons, the District Court’s judgment will be affirmed.

1

. Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971)

2

. The defendants include the following LSCI-Allenwood officials: Troy Williamson (Warden), James Patope (Assistant Healthcare Administrator), Dr. J. Brady (Chief Medical Supervisor) and R. Ali (healthcare provider).

3

. Lewal's conspiracy claims were premised on the foregoing constitutional claims and therefore judgment was properly entered in favor of defendants with respect to these claims as well.