Maike v. Federal Bureau of Prisons
CourtDistrict Court, District of Columbia
Date FiledOctober 16, 2026
DocketCivil Action No. 2025-2677
JudgeJudge Royce C. Lamberth
StatusPublished
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Full Opinion
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
RICHARD MAIKE,
Plaintiff,
Vv. Case No. 1:25-CV-2677-RCL
FEDERAL BUREAU OF PRISONS,
Defendant.
MEMORANDUM OPINION
Plaintiff Richard Maike is currently imprisoned at a Federal Bureau of Prisons (“BOP”)
facility. He wishes to participate in the Residential Drug Abuse Program (“RDAP”), but was
deemed ineligible because he did not have a history of substance abuse. Plaintiff filed suit against
the BOP in August 2025, alleging that his Presentence Investigation Report (“PSR”), upon which
the BOP made its eligibility determination, was inaccurate. See Compl., ECF No. 1. Plaintiff
brings suit under the Administrative Procedure Act (“APA”), Privacy Act, and Fifth Amendment.
The BOP moved to dismiss the Complaint. Def.’s Mot. to Dismiss, ECF No. 18 (Def.’s Mot.”).
For the reasons stated herein, Defendant’s motion will be granted.
I. BACKGROUND
A. Statutory Background
The BOP is required to provide “residential substance abuse treatment” to “every prisoner
with a substance abuse problem.” 18 U.S.C. § 3621(e)(1). The treatment must last at least six
months and be provided by “facilities set apart from the general prison population....” Id.
§ 3621(e)(5)(A). The statute also provides an incentive for participation. The BOP may reduce a
prisoner’s sentence by up to one year if they complete a treatment program so long as they had not
been convicted of a violent offense. Id. § 3621(e)(2)(B).
To be eligible to participate, a prisoner must meet two requirements. First, the BOP must
determine that the prisoner has a substance abuse problem. Jd. § 3621(e)(5)(B)ii). Second, the
prisoner must be willing to participate in the program. Jd. § 3621(e)(5)(B)(ii). “The Drug Abuse
Program Coordinator decides whether to place inmates in RDAP” based on those criteria. 28
C.FE.R. § 550.53(e).
B. Factual Background
Plaintiff is currently in BOP custody at FCI Marion in Illinois. Compl. (2, 7. He wishes
to participate in RDAP to reduce his sentence, id. 414, but the BOP found Plaintiff ineligible
because he had not provided “documentation of potential substance abuse... .” Id. Ex. A.
Plaintiff alleges that the BOP’s determination was erroneous because his PSR indicated that he had
previously been arrested for driving while intoxicated in 1984. Id. 4 15; Ex. C.
Plaintiff attempted to remedy the situation through two channels. First, he challenged the
PSR itself, alleging that it contained an error. Though the PSR stated that “Mr. Maike reported no
history of alcohol or drug abuse, and there is no information to suggest otherwise,” id. 19,
Plaintiff noted that the PSR also contained information about his arrest for driving while
intoxicated in 1984, id. J 20. Plaintiff attempted to correct the alleged error in his PSR by reaching
out to the warden of FCI Marion, but he received no response. Jd. 21. When his counsel
contacted his probation officer in an attempt to amend the PSR, the probation officer responded
that they did not have authority to do so. Id. 22-23.
Second, Plaintiff pursued an administrative review of his eligibility determination by filing
a BP-8. Compl. 24. The BOP responded by reiterating the PSR’s statement that Plaintiff had no
history of alcohol or drug abuse. Id. Ex. C. Plaintiff again protested, filing a BP-9 with the warden
of FCI Marion, a BP-10 with the BOP regional office, and a BP-11 with the BOP central office.
Id. $27. In its response to his BP-11, the BOP directed Plaintiff to prepare a written challenge to
his PSR and file it with prison staff who could forward it to the probation office. Id. Plaintiff
provided his written challenge to the FCI Marion Case Manager, id. | 28, but the case manager
informed Plaintiff that he would have to seek a court order to amend the PSR, id. Maike Decl. {|7.
Plaintiff brings suit against the BOP alleging violations of the APA, id. J] 33-39, Privacy
Act, id. {| 40-46, and the Fifth Amendment, id. {| 47-49. Defendant has moved to dismiss the
Complaint. Def.’s Mot. Defendant’s motion is fully briefed and ripe for the Court’s review. See
Pl.’s Resp., ECF No. 19; Def.’s Reply, ECF No. 23.
II. LEGAL STANDARD
To survive a 12(b)(6) motion, a complaint must contain sufficient factual allegations,
accepted as true, to “state a claim to relief that is plausible on its face.” Ashcroft v. Iqbal, 556 U.S.
662, 678 (2009). A claim is plausible on its face if it “pleads factual content that allows the court
to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Id. A
court evaluating a Rule 12(b)(6) “motion presumes that the complaint’s factual allegations are true
and construes them liberally in the plaintiff’s favor.” Alemu v. Dep t of For-Hire Vehicles, 327 F.
Supp. 3d 29, 40 (D.D.C. 2018). However, “[a] court need not accept a plaintiff’s legal conclusions
as true, nor must a court presume the veracity of legal conclusions that are couched as factual
allegations.” Jd. (citation omitted).
II. ANALYSIS
A. APA Claim (Count I)
Plaintiff has challenged the BOP’s decisions to deny his BP-8, 9, 10, and 11 which he styles
collectively as: “Denial of Administrative Remedy.” Compl. f] 36. Plaintiff does not challenge
the BOP’s eligibility determination itself. Compl. { 35.
The contours of his APA claim are unclear, though. In his Response, Plaintiff argues that
the “Court is empowered to direct BOP to employ a constitutionally and statutorily tolerable
process in its Administrative Remedy Program.” PI.’s Opp. at 3. Plaintiff analogized Landry v.
Hank-Sawyer, where a court in this district concluded that it had jurisdiction to review a BOP
program statement which made nonviolent offenders ineligible for a sentence reduction. 123 F.
Supp. 2d 17, 19 (D.D.C. 2000). Plaintiff argues that Landry supports his position because he too
“challenges the BOP’s application of a rule that purports to deem all inmates with circumstances
like [his] to be categorically ineligible for RDAP.” Pl.’s Resp. at 4.
The Court is left puzzled by that claim because Plaintiff has alleged no such policy of
categorical ineligibility. That is simply a conclusory statement that warrants dismissal pursuant to
Federal Rule 12(b)(6). The real crux of Plaintiff’s claim is that his individual PSR is mistaken and
that it adversely affected the BOP’s ineligibility determination. That is why the remedy he seeks
for his APA claim is a revision to his PSR. See Compl. 39. Plaintiff’s argument that the claims
are distinct, Pl.’s Resp. at 4, is therefore implausible.
Giving Plaintiff the benefit of the doubt, the Court considers whether he has stated a viable
claim with respect to the alleged error in his PSR. “Review under the APA is limited to ‘final
agency action for which there is no other adequate remedy in a court.’” Wescott v. McHugh, 39 F.
Supp. 3d 21, 33 (D.D.C. 2014) (quoting 5 U.S.C. § 704). But there is an alternative remedy to
correct an alleged error in a PSR: objecting to the PSR pursuant to Federal Rule of Criminal
Procedure 32(f). See United States v. Ventura, 650 F.3d 746, 750 (D.C. Cir. 2011) (“Rule 32(H(1)
allows 14 days for a defendant to ‘state in writing any objections, including objections to material
information’ contained in a PSR.”) (quoting Fed. R. Crim. P. 32(f))). Plaintiff cannot attempt an
end-run around that remedy using the APA. Cf Harrison v. Internal Revenue Serv., No. 20-cv-
828, 2021 WL 930266, at *4 n.4 (D.D.C. Mar. 11, 2021) (“[T]he fact that Harrison and Sprinkle
relinquished their right to file a refund suit by entering the Closing Agreement does not affect
whether ‘no other remedy exists’ for purposes of Section 704. Parties cannot waive their way into
federal jurisdiction where Congress has not granted it.”).
And even if the Court were to conclude that Plaintiff lacked an adequate alternative remedy,
it is unclear whether Plaintiff’s claim would ultimately be redressable. Plaintiff alleges that he has
been injured by being imprisoned longer than he would be were he allowed to participate in RDAP.
Compl. 932. But those harms all flow from the BOP’s determination that he was ineligible to
participate in RDAP, which Plaintiff concedes is “not subject to review under the APA.” Id. 735.
Therefore, even if Plaintiff’s PSR were amended in the way he requests, the Court can only
speculate as to whether the BOP would make a different determination about his eligibility. The
chance of that happening is especially slim because Plaintiff's PSR already included a reference
to his arrest for drunk driving, meaning that the BOP would not be provided with any additional
information when making a new determination. And even if the BOP deemed him eligible for
participation in RDAP, a reduction in his sentence would not automatically follow. See Kotz v.
Lappin, 515 F. Supp. 2d 143, 149-50 (D.D.C. 2007) (noting that the sentence reduction available
is discretionary).
The connection between Plaintiff’s requested relief and a reduction in his term of
incarceration is therefore so tenuous that it is doubtful whether his “injury likely would be
redressed by the requested judicial relief.” Food & Drug Admin. v. All. for Hippocratic Med., 144
S. Ct. 1540, 1555 (2024). It is therefore possible that Plaintiff would lack Article [JI standing to
make such a claim, but the Court does not reach the issue.
Accordingly, Plaintiffs APA claim will be dismissed pursuant to Federal Rule 12(b)(6).
B. Privacy Act Claim (Count II)!
The Privacy Act requires “[e]ach agency that maintains a system of records” to “make
reasonable efforts to assure that such records are accurate, complete, timely, and relevant for
agency purposes” before “disseminating any record about an individual to any person other than
an agency....” 5 U.S.C. § 552a(e)(6). Section 552a(g)(1)(D) provides a cause of action for a
violation of the Privacy Act which “has an adverse effect on an individual ....” § 552a(g)(1)(D).
Plaintiff argues that the BOP violated the statute by disseminating inaccurate records and that he
is therefore entitled to damages. Compl. J] 4246.
The first question is whether Plaintiff has alleged dissemination to anybody other than an
agency. Plaintiff alleges only one such person: “Mr. Maike himself.” Jd. 742. The Court is
unaware of any authority that directly addresses the question of whether dissemination to the
plaintiff themselves is sufficient to state a claim under the Privacy Act. The Court concludes that
it is not.
1 Defendant is correct that the Privacy Act does not allow amendment to Plaintifi’s PSR. Molzen v. Fed. Bureau of
Prisons, No. 5-2360, 2007 WL 779059, at *4 (D.D.C. Mar. 8, 2007) (citing White v. U.S. Prob. Off, 148 F.3d 1124,
1125 (D.C. Cir. 1998)); see also Def.’s Mot. at 8. But Plaintiff’s claim does not arise under the Privacy Act’s
amendment provisions. See Compl. { 42.
“In interpreting a statute, the court begins with the text....” Prime Time Int’l Co. v.
Vilsack, 599 F.3d 678, 683 (D.C. Cir. 2010); accord FS Credit Opportunities Corp. v. Saba Cap.
Master Fund, Ltd., 146 S. Ct. 1546, 1558-59 (2026) (“[S]tatutory interpretation must focus on the
text....”). Plaintiff is correct that he is a “person” rather than an “agency.” See 5 U.S.C.
§ 552a(e)(6). But the Court is not persuaded that the disclosure of inaccurate information to
himself constitutes “dissemination.” See id.
The Court’s aim is to “interpret statutory terms according to the ordinary meanings they
had when they were enacted.” U.S. Postal Serv. v. Konan, 146 S. Ct. 736, 742 (2026) (citing
Wisconsin Central Ltd. v. United States, 138 S. Ct. 2067, 2070 (2018)). Dictionary definitions are
pertinent to that analysis. See id. Dissemination is defined as “(t]he act of spreading, diffusing,
or dispersing .. . .” Dissemination, Black’s Law Dictionary (12th ed. 2024); accord Disseminate,
Oxford English Dictionary (2d ed. 1989) (“To scatter abroad, as in sowing seed; to spread here and
there; to disperse (things) so as to deposit them in all parts.”).
Those definitions do not fit Plaintiff’s allegations. Plaintiff’s theory of the case is that the
BOP disseminated inaccurate information to him about his history of substance abuse. But
providing an individual with information about themselves does not “spread[]” or “disperse” that
information. Plaintiff was presumably already aware of his PSR, so the “Notice of RDAP
Qualification and the Denial of Administrative Remedy” did not “disperse” information beyond
the parties who already possessed it. Cf TransUnion LLC v. Ramirez, 141 S. Ct. 2190, 2209 (2021)
(“In cases such as these where allegedly inaccurate or misleading information sits in a company
database, the plaintiffs’ harm is roughly the same, legally speaking, as if someone wrote a
defamatory letter and then stored it in her desk drawer. A letter that is not sent does not harm
anyone, no matter how insulting the letter is.”).
Even assuming that the PSR was “disseminated” to Plaintiff, his allegations would still be
insufficient. “[T]o obtain damages, the plaintiff ‘must establish: (1) a violation of a Privacy Act
provision, “(2) that the [agency’s] decision . . . was ‘intentional or willful,’ (3) that the [violation]
caused ‘adverse effects,’ and (4) that the plaintiff] suffered actual damages.””” Bradley v. U.S.
Dep t of Educ., No. 22-3442, 2026 WL 799479, at *4 (D.D.C. Mar. 23, 2026) (quoting Thompson
v, Dept of State, 400 F. Supp. 2d 1, 8 (D.D.C. 2005)). The alleged violation must be the proximate
cause of a plaintiff’s actual damages. Fleck v. Dept of Veterans Affs. Off. of Inspector Gen., 596
F. Supp. 3d 24, 53 (D.D.C. 2022).
Plaintiff has alleged that the BOP violated the Privacy Act by “disseminating” inaccurate
information to one person: himself. Compl. 442. And the damage Plaintiff alleges is the BOP’s
resulting ineligibility determination. Jd. 745. But providing Plaintiff with the PSR was not the
proximate cause of the ineligibility determination. The PSR had already been in the BOP’s
possession, otherwise they would not have been able to use it, as Plaintiff alleges, to determine his
eligibility in the first place.
Accordingly, Plaintiff's Privacy Act claim will be dismissed pursuant to Federal Rule
12(b)(6).
C. Fifth Amendment Due Process Claim (Count IID)
Finally, Plaintiff alleges that the BOP’s refusal to correct his PSR, ineligibility
determination, and denials of his requests for an administrative remedy have “worked to impair
[his] liberty interest in completing the custodial portion of his federal sentence.” Compl. { 48.
Plaintiff clarified that the BOP’s procedures “deprive[d] Plaintiff of the one-year sentence
reduction that would otherwise be available to him....” Pl.’s Resp. at 4-5.
“(FJor plaintiff to survive a motion to dismiss under Rule 12(b)(6), he must allege, at a
minimum, that he has been deprived of either a life, liberty, or property interest protected by the
due process clause.” Sobin v. Dist. of Columbia, 480 F. Supp. 3d 210, 218 (D.D.C. 2020) (citing
Matthews v. Eldridge, 424 U.S. 319, 333 (1976)). But “[iJnmates have no protected liberty interest
or entitlement in participating in rehabilitative programs.” Kotz, 515 F. Supp. 2d at 149 (citing
Moody v. Daggett, 429 U.S. 78, 88 n.9 (1976)). And though statutes can create a liberty interest,
they must be of a “mandatory character” to do so. Jd. (internal quotation marks omitted) (quoting
Dorman vy. Thornburgh, 955 F.2d 57, 58 (D.C. Cir. 1992)). The statute authorizing sentence
reductions for participation in RDAP, in contrast, leaves the availability of sentence reductions to
the BOP’s discretion. See id. at 149-50.
Accordingly, because Plaintiff has failed to sufficiently allege a protected liberty interest,
his Due Process claim will be dismissed pursuant to Federal Rule 12(b)(6).
IV. CONCLUSION
For the reasons stated herein, Defendant’s Motion to Dismiss will be granted pursuant to
Federal Rule 12(b)(6).
Date: _£¢ October, 2026 Knee Cc. fcc
Hon. Royce C. Lamberth
United States District Judge