Opinion

Caiby v. Link

Court
District Court, E.D. Pennsylvania
Filed
Nov 22, 2022
Cited by
0 cases
Authority
More cited than 28.9%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

ANTHONY V. CAIBY, :

Plaintiff, :

:

v. : Case No. 2:22-cv-1403-JDW

:

C/O CYNTHIA LINK, , :

Defendants. :

MEMORANDUM

Anthony Caiby seeks to renew in this case claims that he asserted in a prior case in

this Court alleging violations of various constitutional rights. The Court will dismiss Mr.

Caiby’s complaint as frivolous and for failure to state a claim on which the Court could

grant relief. But the Court will give Mr. Caiby leave to file an amended complaint as to

some of his claims.

I. BACKGROUND

A. The Prior Action

Mr. Caiby’s claims in this case restate claims that he asserted in a case captioned

, No. 18-cv-132-WB (E.D.Pa.). In that case, Mr. Caiby asserted claims pursuant

to 42 U.S.C. § 1983 for violations of his constitutional rights. The Complaint named

Superintendent Cynthia Link, Deputy Superintendent George Ondrejka, Major of the

Guard Terra, Captain of Security Michael Spaglonetti, and John/Jane Doe defendants, and

alleged confiscation of personal property, the existence of an unconstitutional policy

involving interference with ingoing and outgoing mail, and retaliation against Mr. Caiby

for filing grievances. Mr. Caiby alleged that the events giving rise to his claim began on

September 1, 2016, when he transferred from the Monroe County Correctional Facility to

SCI Graterford. Judge Beetlestone dismissed his complaint without prejudice for failure to

state a claim.

On February 5, 2018, Mr. Caiby filed an Amended Complaint that alleged claims

against the same defendants and again alleged claims for confiscation of personal

property and retaliation for filing grievances. On February 20, 2018, Mr. Caiby advised the

Court by letter that he was terminating his claims against the named Defendants, so the

Court dismissed the action with prejudice. Mr. Caiby sought reinstatement of the case,

but Judge Beetlestone denied his request. Mr. Caiby appealed, and the Third Circuit held

that the District Court did not have jurisdiction to dismiss Mr. Caiby’s case with prejudice.

On remand, Judge Beetlestone vacated the Order dismissing Mr. Caiby’s case with

prejudice and advised Mr. Caiby that following a voluntary dismissal, a litigant could

generally not reopen or reinstate the dismissed action but instead had to file a new

complaint.

On August 3, 2020, Mr. Caiby filed a Second Amended Complaint, and on

August 18, 2020, he filed a second motion for leave to proceed . On

February 5, 2021, Judge Beetlestone denied the motion for leave to proceed

because the case was closed when Mr. Caiby filed the motion. Mr. Caiby

appealed but didn’t pursue the appeal, so the Third Circuit denied his appeal for failure

to prosecute.

B. Current Treatment

According to Mr. Caiby, prison authorities intercept most of his mail to thwart him

from complaining about mistreatment and to gather information. He also says that he is

being abused with little cuts made with “dull point instruments.” (ECF No. 1 at p. 6, ¶ 10.)

He claims that various, unnamed cellmates have committed some of the assaults against

him. He describes this as a “solicited campaign of torture.” ( at ¶ 11.) Mr. Caiby also

claims that someone has harassed his loved ones to make him stop complaining. He

claims that he only dismissed his prior case through “tele technology” and a “renal neural

impulse control” to get him to dismiss the prior case. ( at ¶ 19.)

C. This Action

On April 4, 2022, Mr. Caiby filed this case in the United States District Court for the

Middle District of Pennsylvania. That court transferred the case here. Mr. Caiby asserts

violations of his First Amendment rights based on a deprivation of his right to free speech

and access to the courts, his Eighth Amendment rights, and his Fourteenth Amendment

equal protection rights.

II. STANDARD OF REVIEW

Although Mr. Caiby has paid the filing fee in full, the Court has the authority to

screen his Complaint pursuant to 28 U.S.C. § 1915A. , 213 F.3d 113,

116 n.2 (3d Cir. 2000). Section 1915A requires that the Court “review, before docketing, if

feasible or, in any event, as soon as practicable after docketing, a complaint in a civil action

in which a prisoner seeks redress from a governmental entity or officer or employee of a

governmental entity.” 28 U.S.C. § 1915A(a). In doing so, the Court must dismiss a

complaint if it is frivolous or fails to state a claim under § 1915A(b)(1). A complaint is

frivolous if it “lacks an arguable basis either in law or in fact.” , 490 U.S.

319, 325 (1989). The use of the term “frivolous” in § 1915 “embraces not only the

inarguable legal conclusion, but also the fanciful factual allegation.” Section 1915

accords judges “the unusual power to pierce the veil of the complaint’s factual allegations

and dismiss those claims whose factual contentions are clearly baseless . . . .” at 327.

“[A] finding of factual frivolousness is appropriate when the facts alleged rise to the level

of the irrational or the wholly incredible[.]” , 504 U.S. 25, 33 (1992).

A claim is legally baseless if it is “based on an indisputably meritless legal theory.”

, 67 F.3d 1080, 1085 (3d Cir. 1995).

Whether a complaint fails to state a claim under 1915A(b)(1) is governed by the

same standard applicable to motions to dismiss under Federal Rule of Civil Procedure

12(b)(6). , 184 F.3d 236, 240 (3d Cir. 1999). Accordingly, the

Court must determine whether the complaint contains “sufficient factual matter, accepted

as true, to state a claim to relief that is plausible on its face.” , 556 U.S.

662, 678 (2009) (quotations omitted). “‘At this early stage of the litigation,’ ‘[the Court will]

accept the facts alleged in [the ] complaint as true,’ ‘draw[] all reasonable inferences

in [the plaintiff’s] favor,’ and ‘ask only whether [that] complaint, liberally construed, . . .

contains facts sufficient to state a plausible [] claim.’” , 12 F.4th

366, 374 (3d Cir. 2021) (quote omitted). Conclusory allegations do not suffice. ,

556 U.S. at 678. Because Mr. Caiby is proceeding , the Court construes his

allegations liberally. , 8 F. 4th 182, 185 (3d Cir. 2021).

III. DISCUSSION

Mr. Caiby’s claims arise under 42 U.S.C. § 1983. “To state a claim under § 1983, a

plaintiff must allege the violation of a right secured by the Constitution and laws of the

United States, and must show that the alleged deprivation was committed by a person

acting under color of state law.” , 487 U.S. 42, 48 (1988). Additionally, the

personal involvement of each defendant in the alleged constitutional violation is a

required element, and, therefore, a plaintiff must allege how each defendant was involved

in the events and occurrences giving rise to the claims. , 845 F.2d

1195, 1207 (3d Cir. 1998). For supervisory officials, there are “two general ways in which a

supervisor-defendant may be liable for unconstitutional acts undertaken by

subordinates.” , 766 F.3d 307, 316 (3d Cir. 2014),

, 575 U.S. 822 (2015). First, a supervisor may be liable if

he or she “‘with deliberate indifference to the consequences, established and maintained

a policy, practice or custom which directly caused [the] constitutional harm.” (quoting

, 372 F.3d 572, 586 (3d Cir. 2004)

(alteration in original)). “Second, a supervisor may be personally liable under § 1983 if he

or she participated in violating the plaintiff’s rights, directed others to violate them, or, as

the person in charge, had knowledge of and acquiesced in the subordinate’s

unconstitutional conduct.”

, to the extent that Mr. Caiby seeks to hold Judge Beetlestone liable for her

handling of the prior action, he has no legal basis to do so because she is immune from

suit. , 435 U.S. 349, 355-56 (1978).

, Mr. Caiby has not alleged that any of the defendants had any personal

involvement with any of the constitutional violations that he alleges. Nor has he alleged

that any of them directed any of those violations. He therefore has not stated a plausible

claim based on any of those violations. , 845 F.2d at 1207.

, some of the allegations in the Complaint are frivolous. Mr. Caiby’s claim that

he is an agent of the United States conducting an investigation into the handling of his

civil case is wholly incredible. So too are his claims about mind control through tele

technology. But Mr. Caiby’s allegations about attacks by his cellmates, and the possibility

that prison officials had some involvement, is not so incredible as to permit the Court to

rule them impossible or incredible. Mr. Caiby cannot state a constitutional claim against

his cellmates because they are not state actors. However, to the extent he seeks to assert

claims against prison personnel or others acting under color of state law, he might be

able to do so. To state a plausible failure to protect claim, a plaintiff must allege that: (1)

the conditions in which he was incarcerated posed a substantial risk of serious harm; (2)

the prison official acted with deliberate indifference to that substantial risk of serious

harm; and (3) the official’s deliberate indifference caused harm. ,

117 F.3d 742, 746 (3d Cir. 1997). The Court will give Mr. Caiby leave to make such

allegations, if he has a good faith basis to do so.

IV. CONCLUSION

The Court will dismiss Mr. Caiby’s Complaint as frivolous and for failure to state a

claim pursuant to 28 U.S.C. § 1915A(b)(1). The Court will give Mr. Caiby leave to file an

Amended Complaint only as to his failure to protect claim based on the alleged assaults

he claims to have experienced while incarcerated at SCI Graterford. An appropriate Order

follows.

BY THE COURT:

JOSHUA D. WOLSON, J.

November 22, 2022

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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