Opinion

Brown v. NYC D.O.C. Chief Jennings

Court
District Court, E.D. New York
Filed
May 4, 2020
Cited by
0 cases
Authority
More cited than 26.5%

The opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF NEW YORK

--------------------------------------------------------------- X

:

SHAQUAN BROWN,

:

Plaintiff,

: MEMORANDUM AND ORDER

–against – : 20-CV-1306 (AMD) (LB)

:

N.Y.C. D.O.C. CHIEF JENNINGS, et al.,

:

Defendants.

:

--------------------------------------------------------------- X

ANN M. DONNELLY, United States District Judge:

On March 6, 2020, the pro se plaintiff filed this action pursuant to 42 U.S.C. § 1983

against N.Y.C. D.O.C. Chief Jennings, Warden of OBCC Jean Rene, Deputy Warden ESH

Valasquez, Site Medical Directors Dr. Latungi and Dr. Kusher, and Mental Health Personnel Dr.

Miller.1 (ECF No. 1.) On March 25, 2020, the plaintiff moved to proceed in forma pauperis.

(ECF No. 4.) I grant the plaintiff’s request to waive the filing fee pursuant to 28 U.S.C. § 1915.

For the reasons that follow, I dismiss the complaint, but grant the plaintiff leave to file an

amended complaint.

BACKGROUND

According to the complaint, the plaintiff was “deadlocked” and sent to solitary

confinement while detained at the Otis Bantum Correctional Center (“OBCC”). (ECF No. 1 at

3-4.) The plaintiff claims that he was “deadlocked” from November 14 to 20, 2019, was “sent to

solitary confinement as a result,” and was “subsequently returned to the same housing unit and

forced to endure the same cruel and unusual punishment of being deadlocked” from December

1 He delivered the complaint to prison authorities at OBCC on February 19, 2020. (ECF No. 1 at 5.)

20, 2019 to January 13, 2020. (Id. at 4.) He maintains that he “was deprived of daily showers,

daily recreational/programmatic activities, medical assistance” and “mental health services.” (Id.

at 4.)

The plaintiff also claims that on December 28, 2019, he “was the victim of a slip & fall.”

(Id.) This caused him “[s]evere and excessive pain in [his] neck and lower back.” (Id.) On

January 7, 2020, he “was viciously assaulted by N.Y.C. D.O.C. personnel,” and “sustained right

shoulder injuries and noticeable disfigurement to [his] right pinky.” (Id.) He was prescribed

ibuprofen and sent back to his cell. (Id.)

The plaintiff seeks $10,000,000.00 in damages and “a full analysis to determine the

adverse effects being deadlocked has had on [his] mental health status.” (Id. at 5.) He is

currently incarcerated at Clinton Correctional Facility. (See ECF No. 4 at 1.)

STANDARD OF REVIEW

A complaint must plead “enough facts to state a claim to relief that is plausible on its

face.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007). A claim is plausible “when the

plaintiff pleads factual content that allows the court to draw the reasonable inference that the

defendant is liable for the misconduct alleged.” Matson v. Bd. of Educ., 631 F.3d 57, 63 (2d Cir.

2011) (quoting Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)). This standard requires more than

an “unadorned, the-defendant-unlawfully-harmed-me accusation.” Iqbal, 556 U.S. at 678 (citing

Twombly, 550 U.S. at 555). While “detailed factual allegations” are not required, “[a] pleading

that offers ‘labels and conclusions’ or ‘a formulaic recitation of the elements of a cause of action

will not do.’” Id. (quoting Twombly, 550 U.S. at 555).

The plaintiff is proceeding pro se, so I construe his complaint liberally, and evaluate it by

“less stringent standards than formal pleadings drafted by lawyers.” Erickson v. Pardus, 551

U.S. 89, 94 (2007) (per curiam) (quoting Estelle v. Gamble, 429 U.S. 97, 106 (1976)); see also

Harris v. Mills, 572 F.3d 66, 72 (2d Cir. 2009); Hayden v. Paterson, 594 F.3d 150, 160 (2d Cir.

2010).

Nevertheless, I must dismiss sua sponte an in forma pauperis action if it “(i) is frivolous

or malicious; (ii) fails to state a claim on which relief may be granted; or (iii) seeks monetary

relief against a defendant who is immune from such relief.” 28 U.S.C. § 1915(e)(2)(B). The

Prison Litigation Reform Act (“PLRA”) requires me to dismiss complaints brought by prisoners

that do not satisfy these requirements. See Liner v. Goord, 196 F.3d 132, 134 (2d Cir. 1999); 42

U.S.C. § 1997e(c).

DISCUSSION

I construe the complaint liberally and find that it alleges conditions of confinement,

excessive force and negligence claims. However, the plaintiff has not adequately pleaded the

personal involvement of any individual defendant sufficient to sustain a claim for money

damages under 42 U.S.C. § 1983.

I. Personal Involvement

The plaintiff brings this lawsuit pursuant to 42 U.S.C. § 1983, which “provides a cause of

action against any person who deprives an individual of federally guaranteed rights ‘under color’

of state law.” Filarsky v. Delia, 566 U.S. 377, 383 (2012). “Thus, to state a claim under Section

1983, a plaintiff must allege (1) the deprivation of any rights, privileges, or immunities secured

by the Constitution and its laws, and (2) that the deprivation was ‘committed by a person acting

under the color of state law.’” Harrison v. New York, 95 F. Supp. 3d 293, 321 (E.D.N.Y. 2015)

(quoting Cornejo v. Bell, 592 F.3d 121, 127 (2d Cir. 2010)).

“It is well settled in this Circuit that personal involvement of defendants in alleged

constitutional deprivations is a prerequisite to an award of damages under § 1983.” Farid v.

Ellen, 593 F.3d 233, 249 (2d Cir. 2010) (quoting Farrell v. Burke, 449 F.3d 470, 484 (2d Cir.

2006)) (internal quotation marks omitted). “[A] Section 1983 plaintiff must ‘allege a tangible

connection between the acts of the defendant and the injuries suffered.’” Austin v. Pappas, No.

04-CV-7263, 2008 WL 857528, at *2 (S.D.N.Y. Mar. 31, 2008) (quoting Bass v. Jackson, 790

F.2d 260, 263 (2d Cir. 1986)). “Dismissal is appropriate where a defendant is listed in the

caption, but the body of the complaint fails to indicate what the defendant did to the plaintiff.”

Cipriani v. Buffardi, No. 06-CV-0889, 2007 WL 607341, at *1 (N.D.N.Y. Feb. 20, 2007); see

also Casino v. Rohl, No. 14-CV-2175, 2014 WL 5425501, at *6 (E.D.N.Y. Oct. 23, 2014)

(“Since . . . [the] defendant is nowhere mentioned or referenced in the body of the amended

complaint, [the] plaintiff has not adequately pled his personal involvement in any of the

constitutional deprivations alleged in the amended complaint. Accordingly, [the] plaintiff’s

Section 1983 claims are dismissed.”).

The plaintiff names six individuals as defendants, but does not claim that any of these

defendants were personally involved in any constitutional violation or wrongdoing. Because the

complaint does not state what any of the defendants did to the plaintiff, the plaintiff’s claims

against these defendants are dismissed.

II. The Plaintiff’s Claims

a. Due Process Claims Based on Conditions of Confinement

The plaintiff does not say whether he was a pretrial detainee or a convicted prisoner at the

time of the events alleged in his complaint. I assess his claims under the more lenient standard.

See Jimenez v. City of New York, No. 18-CV-7273, 2020 WL 1467371, at *3 (S.D.N.Y. Mar. 26,

2020) (“Plaintiff does not specify whether he was a pretrial detainee or a convicted prisoner

during the times relevant to his allegations, and therefore whether his deliberate indifference

claims arise under the Eighth or Fourteenth Amendment. Accordingly, these claims are assessed

under the more lenient standards of the Fourteenth Amendment.”) (citations omitted).

“[U]nder the Due Process Clause, a detainee may not be punished prior to an adjudication

of guilt in accordance with due process of law.” Almighty Supreme Born Allah v. Milling, 876

F.3d 48, 55 (2d Cir. 2017) (quoting Bell v. Wolfish, 441 U.S. 520, 535 (1979)) (internal quotation

marks omitted). “A pretrial detainee can state a substantive due process claim regarding

conditions of confinement in two ways. He can show that the defendants were deliberately

indifferent to the conditions of his confinement or he can show that the conditions are punitive.”

Caves v. Payne, No. 20-CV-15, 2020 WL 1676916, at *5 (D. Conn. April 6, 2020) (citing

Darnell v. Pineiro, 849 F.3d 17, 34 n.12 (2d Cir. 2017)).

The plaintiff contends that he was placed in solitary and “deadlock” confinement, and

deprived of showers, activities, medical assistance and mental health services. (ECF No. 1 at 4.)

I construe these allegations to raise an argument that the defendants violated the plaintiff’s

substantive due process rights because (1) the conditions of confinement were punitive and (2)

OBCC officials were deliberately indifferent to the conditions of confinement.

In assessing whether restrictions on pretrial detainees comport with substantive due

process, “[a] court must decide whether the [restriction] is imposed for the purpose of

punishment or whether it is but an incident of some other legitimate governmental purpose.”

Bell, 441 U.S. at 538. “[I]f a restriction or condition is not reasonably related to a legitimate

goal—if it is arbitrary or purposeless—a court permissibly may infer that the purpose of the

governmental action is punishment that may not constitutionally be inflicted upon detainees qua

detainees.” Id. at 539; see also Caves, 2020 WL 1676916, at *6 (same).

Courts have allowed due process claims based on punitive conditions of confinement to

proceed where there was no individualized finding that pretrial detainees posed a risk to security

and the detainees experienced harsh conditions. See, e.g., Caves, 2020 WL 1676916, at *6

(“Although [the plaintiff] alleges that his designation was reviewed by Director Santiago, the

allegations suggest that there was no individualized finding that [the plaintiff] posed a risk to

institutional security or that segregated housing was appropriate for him during pretrial

detention.”); Kelly v. Santiago, No. 18-CV-01796, 2019 WL 3574631, at *10 (D. Conn. Aug. 6,

2019) (“A court could find that Walker’s alleged restrictions on [the plaintiff] were excessive,

absent an individualized finding that [the plaintiff] was a threat to the government’s legitimate

objectives.”).

“A pretrial detainee may establish a § 1983 claim for allegedly unconstitutional

conditions of confinement by showing that the officers acted with deliberate indifference to the

challenged conditions.” Darnell, 849 F.3d at 29. To prevail on this claim, a plaintiff must show

that “the challenged conditions were sufficiently serious to constitute objective deprivations of

the right of due process,” and that “the officer acted with at least deliberate indifference to the

challenged conditions.” Id. To establish “deliberate indifference,” the plaintiff “must prove that

the defendant-official acted intentionally to impose the alleged condition, or recklessly failed to

act with reasonable care to mitigate the risk that the condition posed to the pretrial detainee even

though the defendant-official knew, or should have known, that the condition posed an excessive

risk to health or safety.” Id. at 35.

As discussed above, the plaintiff has not alleged that the named defendants did anything

or failed to do anything that affected the conditions of his confinement. Additionally, the

plaintiff does not explain why he was placed in “deadlock” or solitary confinement, or what he

means by “deadlock” confinement. For these reasons, the plaintiff has not stated a due process

claim based on conditions of confinement. I grant the plaintiff leave to amend the complaint to

provide additional facts about the conditions of his confinement and the defendants’ actions

taken.

b. Excessive Force Claim

“A pretrial detainee bringing a Fourteenth Amendment excessive force claim must show

the defendant acted deliberately and ‘that the force purposely or knowingly used against him was

objectively unreasonable.’” Moore v. Westchester Cnty., No. 18-CV-11472, 2020 WL 1503568,

at *7 (S.D.N.Y. Mar. 30, 2020) (quoting Kingsley v. Hendrickson, 135 S. Ct. 2466, 2472-73

(2015)).

The plaintiff alleges that he was “viciously assaulted” (ECF No. 1 at 4), but does not

provide sufficient details about the assault to state a claim. I grant the plaintiff leave to amend

the complaint to provide additional details, including who assaulted him and any facts suggesting

that the use of force was unreasonable. See, e.g., Sanchez v. Miller, No. 20-CV-0620, 2020 WL

1140843, at *7 (S.D.N.Y. Mar. 6, 2020) (“The amended complaint must name the individual

officer who [the plaintiffs] allege used excessive force . . . and allege any facts suggesting that

the officer’s use of force was unreasonable.”). If the plaintiff does not know the names of the

officers, he may refer to them as Jane or John Doe and provide as much identifying information

as is available to him.

c. Negligence Claim

I construe the plaintiff’s allegations about a slip and fall on December 28, 2019 to raise a

negligence claim. However, negligent conduct that causes unintentional injury is not enough to

state a due process violation. See Daniels v. Williams, 474 U.S. 327, 332-33 (1986) (due process

protections are not triggered by lack of due care by state officials); Brown v. N.Y.C. Dep’t of

Corr., 17-CV-420, 2017 WL 473874, at *2 (E.D.N.Y. Feb. 3, 2017) (“[C]ourts have routinely

found that allegations of a wet floor that cause a prisoner to slip and fall at most support a

finding of simple negligence, and therefore do not reach the level of a constitutional violation

required for a § 1983 claim.”) (citing cases); Valencia v. Goez, No. 18-CV-3564, 2019 WL

1755964, at *4 (E.D.N.Y. Apr. 19, 2019) (“Insofar as Plaintiff seeks to impose Section 1983

liability based on a ‘slip and fall’ at the Jail, leave to file an Amended Complaint is DENIED. It

is clear that this claim does not implicate a constitutional deprivation. At best, Plaintiff has

alleged a negligence claim.”) (citing cases). Therefore, to the extent the complaint asserts a slip

and fall claim, the claim is dismissed for failure to state a claim upon which relief may be

granted.

CONCLUSION

For the reasons stated above, I dismiss the plaintiff’s complaint. However, I grant the

plaintiff leave to file an amended complaint within sixty days of this order. The amended

complaint must state how the defendants named in the caption were involved in the alleged

deprivation of the plaintiff’s federal rights. If the plaintiff decides to file an amended complaint,

it should be titled “Amended Complaint” and bear the same docket number as this order, 20-CV-

1306 (AMD) (LB). The Clerk of Court is respectfully directed to include a form prisoner civil

rights complaint.

No summons will issue at this time and all further proceedings will be stayed for sixty

days. If the plaintiff does not file an amended complaint within sixty days, judgment dismissing

this action will enter. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal

from this order would not be taken in good faith and therefore in forma pauperis status is denied

for purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962).

SO ORDERED.

s/Ann M. Donnelly

___________________________________

ANN M. DONNELLY

United States District Judge

Dated: Brooklyn, New York

May 4, 2020

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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