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John G. Westine, Jr. v. Gonzales Construction Company, Third-Party-Plaintiff-Appellee v. United States of America, Third-Party-Defendant-Appellee
Citations: 103 F.3d 145; 1996 WL 720011; 1996 U.S. App. LEXIS 35810Docket: 95-1510
Court: Court of Appeals for the Third Circuit; December 15, 1996; Federal Appellate Court
John G. Westine, Jr. appealed the dismissal of his Bivens action against Gonzales Construction Company and the United States, claiming violations of his constitutional rights due to exposure to hazardous materials while incarcerated. The district court dismissed the case for lack of jurisdiction, concluding Westine had not asserted any valid federal claims. The appellate court reviewed the dismissal de novo and upheld the lower court's ruling. Westine's claims included violations of the First, Fifth, Eighth, and Fourteenth Amendments, as well as allegations under CERCLA, OSHA, RICO, and state law negligence. The court noted that neither CERCLA nor OSHA provides a private right of action for personal injury, and RICO claims require injury to business or property, not personal injuries. Furthermore, Westine's Bivens claim was dismissed because he had not identified a government actor in his allegations, as Bivens actions necessitate injury from federal agents. After dismissing all federal claims, the court properly declined to exercise jurisdiction over Westine's state law claims under 28 U.S.C. § 1367(c)(3). The dismissal was affirmed, and the ruling is not binding precedent except under specific legal doctrines. The case was reviewed without oral argument, as the panel found it unnecessary for the determination of the appeal.