OPINION AND ORDER Between July 2018 and November 2019, Plaintiff was in federal custody — first at Queens Detention Facility (“QDF”), a private facility operated by Defendant The GEO Group, Inc. (“GEO Group”), and later at the Metropolitan Correctional Center (“MCC”), a U.S. Bureau of Prisons (“BOP”) facility — while awaiting trial on a criminal charge. Over the course of those 16 or so months, Plaintiff repeatedly complained about, inter alia, blood in his urine, painful urination, and back, leg, and chest pain. Although Plaintiff received some care from the medical staff at QDF and MCC, Plaintiff was not seen by a urologist or oncologist for months, despite MCC medical personnel issuing multiple referrals. Unfortunately, by the time Plaintiff did see appropriate specialists in November 2019, it was too late; Plaintiff was diagnosed with Stage IV prostate cancer and found to be paraplegic as a result of tumors having spread to his spine. According to Plaintiff, Defendants are liable for providing substandard medical care and failing to diagnose and treat his serious medical ailments before they had progressed to such a devastating state. Plaintiff has sued those who were involved in his medical care while in pretrial detention. Plaintiff has sued three members of MCC’s medical staff, Dr. Robert Beaudouin, P.A. Mandeep Singh, and P.A. Yoon Kang (collectively the “Individual Federal Defendants,” and with the United States, the “Federal Defendants”), pursuant to Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971), for cruel and unusual punishment under the Eighth Amendment and for deprivation of his substantive due process rights under the Fifth Amendment.1 Plaintiff has also sued the United States under the Federal Tort Claims Act, 28 U.S.C. §2671 et seq., for medical malpractice, negligence, and negligent hiring, supervision, and retention. Finally, Plaintiff brings a state law medical malpractice claim against the non-federal Defendants involved in Plaintiff’s care.2 Federal Defendants moved to dismiss Plaintiff’s Bivens and FTCA claims pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). Notice of Mot., Dkt. 65. For the following reasons, Federal Defendants’ motion to dismiss is GRANTED in part and DENIED in part. BACKGROUND3 On or around July 26, 2018, Plaintiff, who at the time was 49 years old, was arrested. Compl.
41-42, Dkt. 1. Between the date of his arrest and August or September 2018, Plaintiff was held as a pretrial detainee at QDF, a private facility managed by the GEO Group. Id.
