Vaccaro

The issue in this case is whether, in a Bivens action, the plaintiff must serve the government as well as the individual defendants. We conclude that he need not.

FACTS

According to the complaint, Vaccaro was a minimum security prisoner at a prison camp. His medical record in Ms federal Bureau of Prisons medical file said that he suffered from spina bifida, a congenital defect of Ms lower back requiring restricted activities. All relevant defendants, according to the complaint, were aware of Ms restricted duty status on account of Ms congemtal spinal deformity. Despite tMs knowledge, Vaccaro was repeatedly required to obey orders wMch caused injuries to Ms lower back. ■ First, according to the complaint, he was ordered to lift and hang 4’ x 12’ sheet rock panels, wMch injured him. Then he was required to remove turf from a baseball diamond with a shovel and rake, and again injured his back. Vaccaro was then assigned to work detail for malingerers and, despite hermation of three discs after the second injury, was required to move pieces of furm-ture weighing more than 100 pounds up and down stairs and between buildings. Then, despite a liberal custody regime allowing him to leave…