Barnes v. Harling

368 F.Supp.3d 573

Jessie J. BARNES, 09-B-2707, Plaintiff,

v.Superintendent Ronald HARLING, Major E. Krenzer, Captain Jolly, Captain Thomas, Sergeant DeRosa, Sergeant¹ McGowan, Sergeant Hayes, Corporal Guest, Corporal Knapp, Corporal Cardella, Corporal Amatore, Corporal Kennelly, Corporal S. Peck, Corporal Shellard, Corporal Tripoli, Deputy Scally, Deputy Atkins, Deputy Newton, Deputy Willis, Deputy Waud, Deputy James Amico, Deputy Ellen Danehy, Deputy Daly, Deputy Galen, Deputy Alberti, Lipari, Horan, Kaiser, and DiMartino, Defendants.

6:10-CV-06164 EAW

United States District Court, W.D. New York.

Signed March 18, 2019

Filed March 19, 2019

Jessie J. Barnes, Malone, NY, pro se.

Mallorie C. Rulison, Monroe County Department of Law, Rochester, NY, for Defendants.

DECISION AND ORDER

ELIZABETH A. WOLFORD, United States District Judge

INTRODUCTION

Plaintiff Jessie James Barnes ("Plaintiff"), proceeding pro se , is an inmate currently housed at Upstate Correctional Facility. Plaintiff brings the instant action pursuant to 42 U.S.C. § 1983, alleging that defendants committed various violations of Plaintiff's state and constitutional rights while he was detained at the Monroe County Jail during 2008 and 2009.

Presently before the Court is the motion by defendants Superintendent Ronald Harling ("Harling"), Major E. Krenzer ("Krenzer"), Captain Jolly ("Jolly"), Captain Thomas ("Thomas"), Sergeant DeRosa ("DeRosa"), Sergeant McGowan ("McGowan"), Sergeant Hayes ("Hayes"), Corporal Guest ("Guest"), Corporal Knapp ("Knapp"), Corporal Cardella ("Cardella"), Corporal Amatore ("Amatore"), Corporal Kennelly ("Kennelly"), Corporal S. Peck ("Peck"), Corporal Shellard ("Shellard"), Corporal Tripoli ("Tripoli"), Deputy Scally ("Scally"), Deputy Atkins ("Atkins"), Deputy Newton ("Newton"), Deputy Willis ("Willis"), Deputy Waud ("Waud"), Deputy James Amico ("Amico"), Deputy Ellen Danehy ("Danehy"), Deputy Daly ("Daly"), Deputy Galen ("Galen"), Deputy Alberti ("Alberti"), Lipari, Horan, Kaiser, and DiMartino (collectively "Defendants") for summary judgment pursuant to Federal Rule of Civil Procedure 56(b) (Dkt. 276), Plaintiff's motion for summary judgment pursuant to Rule 56(b) (Dkt. 306), Plaintiff's motion for recusal (Dkt. 307), and Plaintiff's motion for sanctions and request for appointment of counsel (Dkt. 320).

For the following reasons, Plaintiff's motion for recusal (Dkt. 307) is denied, Defendants' motion for summary judgment (Dkt. 276) is granted in part and denied in part, Plaintiff's motion for summary judgment (Dkt. 306) is denied, and Plaintiff's motion for sanctions and request for appointment of counsel (Dkt. 320) is denied.

BACKGROUND

I. Procedural Background

Plaintiff filed his original complaint in this matter on March 22, 2010, alleging numerous causes of action against approximately 88 Defendants, along with an application to proceed in forma pauperis . (Dkt. 1, 2). On April 1, 2010, the Court granted Plaintiff leave to proceed in forma pauperis . (Dkt. 3). In that order, the Court also dismissed Defendants Ontario County and Ontario County Attorney as parties to this action. (Id. ).

On July 6, 2010, the County Defendants filed a motion to dismiss. (Dkt. 6). On July 27, 2010, the Court added Corporal Messura as a Defendant. (Dkt. 10). Plaintiff moved to amend his complaint on August 3, 2010. (Dkt. 12). On October 6, 2010, Defendants Beilein, Harrison-Ross, and Stewart filed a motion for summary judgment. (Dkt. 18). On December 27, 2010, Plaintiff filed another motion to amend his complaint. (Dkt. 27). On July 26, 2011, Plaintiff voluntarily dismissed Defendants Beilein, Harrison-Ross, Stewart, and the Citizen's Policy and Complaint Review Council, and the Court dismissed these parties with prejudice by Court order. (Dkt. 60, 61). On January 11, 2012, the Court issued an order (Dkt. 62) granting Plaintiff's motion to amend his complaint (Dkt. 27), and dismissing as moot Plaintiff's additional motion to amend (Dkt. 12) as well as the County Defendants' motion to dismiss (Dkt. 6).

On January 25, 2012, Plaintiff filed his second amended complaint. (Dkt. 64). On March 22, 2012, the Court ordered that Plaintiff's second amended complaint be amended to insert the name of Cynthia L. Muller in place of the Jane Doe nurse. (Dkt. 78). On April 10, 2012, the County Defendants filed a motion for judgment on the pleadings. (Dkt. 82). On June 6, 2012, the Court ordered that Defendants Greg Domalski, Bradley Meister, Avis Robinson, Deputy Fitzsimmons, James Amico, and Deputy Ellen Danehy be added as Defendants in place of formerly named John Does. (Dkt. 92). Plaintiff filed a motion to amend his complaint on July 26, 2012. (Dkt. 96). On August 1, 2012, Defendants Mary Ann McQueeney and Debbie Scarpulla, two nurses employed by Correctional Medical Care, Inc. ("CMC"), filed a motion to dismiss the claims against them. (Dkt. 97).

On August 2, 2012, the Court granted Plaintiff's request to file a third amended complaint, making Plaintiff's third amended complaint the operative pleading for this matter. (Dkt. 99). The Court also dismissed Defendants McQueeney, Scarpulla, Bye, Showers, Schultz, Wheatley, Burns, Caviccholi, Harris, Knox, Lopez, Chance, Gallina, and Potocki in accordance with Plaintiff's voluntary dismissal of these Defendants. (Dkt. 100). The outstanding motion for judgment on the pleadings (Dkt. 82) and motion to dismiss (Dkt. 97) were denied as moot (Dkt. 99).

On February 4, 2013, the County Defendants filed a motion for judgment on the pleadings (Dkt. 119), and the remaining Defendants, Holman and Muller, filed a motion to dismiss for failure to state a claim (Dkt. 120).

The County Defendants filed a motion to stay discovery on March 7, 2013. (Dkt. 125). The remaining Defendants filed a declaration in support of this motion to stay discovery on March 13, 2013. (Dkt. 127).

On June 19, 2013, Plaintiff filed his response to Defendants' motions and requested that the County Defendants' motion be converted into a motion for summary judgment and be granted in his favor. (Dkt. 133).

On July 11, 2013, the Court dismissed Defendant Muller in accordance with Plaintiff's voluntary dismissal of this Defendant. (Dkt. 135).

The Court granted Defendants' motion to stay discovery (Dkt. 125) on September 19, 2013 (Dkt. 138). On February 13, 2014, the Honorable Charles J. Siragusa, United States District Judge for the Western District of New York, transferred this case to the undersigned. (Dkt. 141). On January 13, 2015, Plaintiff filed a motion for recusal of the undersigned. (Dkt. 142).

On February 10, 2015, the Court granted in part and denied in part the January 30, 2013, motion to dismiss (Dkt. 119), granted the February 4, 2013, motion to dismiss (Dkt. 120), denied Plaintiff's motion for summary judgment (Dkt. 133), and denied Plaintiff's motion for recusal (Dkt. 142). (Dkt. 148). The Court also lifted the stay of discovery, and defendants County of Monroe, Brooks, O'Flynn, Cececi, Kloner, Mooney, Kimball, Gatti, Pratt, Inipoli, Preston, T. Peck, Carlo, Messura, Kluth, Luther, Raby, Fitzsimmons, Palma, DiFlores, Jane Doe Nurse, Nurse Mary, Domalski, Meister, Robinson, Holman, Miller, Rizzo, and Thibuat were terminated as parties to the action. (Id. ).

The parties conducted discovery, and the remaining Defendants filed the instant motion for summary judgment on October 16, 2017. (Dkt. 276). Plaintiff filed a cross-motion for summary judgment on March 28, 2018 (Dkt. 306), and a response to Defendants' statement of material facts on April 11, 2018 (Dkt. 314). Defendants filed their response to Plaintiff's cross-motion for summary judgment on August 24, 2018 (Dkt. 335), and Plaintiff submitted a reply on September 10, 2018 (Dkt. 337).

Plaintiff filed a motion for recusal on March 29, 2018. (Dkt. 307). On April 5, 2018, Defendants filed their response to the motion for recusal. (Dkt. 313).

On May 21, 2018, Plaintiff also filed a motion for sanctions with a request for appointment of counsel. (Dkt. 320). Defendants filed their response opposing the motion for sanctions on September 10, 2018. (Dkt. 336).

II. Factual Background

The following facts are taken from Defendants' Local Rule 56 Statement of Undisputed Facts (Dkt. 276-2), Plaintiff's Local Rule 56 Statement of Undisputed Facts (Dkt. 315), and their supporting documents. Where the parties specifically controvert particular facts, the Court has noted the disagreement.

A. August 7, 2008

On August 7, 2008, Plaintiff was involved in a fight with two other inmates. (Dkt. 276-2 at ¶ 3). Before the fight, Plaintiff was playing cards with inmates Trustee Eades and Tyrone Members, and Plaintiff won the pot in Eades' possession. (Id. at ¶ 5). When Plaintiff exited his cell, Eades walked up to Plaintiff and hit him on top of his head. (Id. at ¶ 6). Plaintiff then began fighting with Eades and Members, receiving multiple blows to the face and back. (Id. at ¶ 8; Dkt. 276-6). Newton was called on his radio to check the block Plaintiff was housed in and approached, ordering all inmates into their cells. (Dkt. 276-2 at ¶ 9; Dkt. 315 at ¶ 10). All inmates complied except for Plaintiff and one of the other inmates he was fighting with. (Dkt. 276-2 at ¶ 10; Dkt. 276-6). Newton attempted to call a "Code One" on his radio, but the battery was dead. (Dkt. 315 at ¶ 10). He then immediately activated the guard alarm in the west corridor of the jail, and central control paged a "Code One." (Id. ). Deputies Amico and Danehy were assigned to central control and were monitoring the video screens. (Id. at ¶ 13). Newton did not have a direct conversation with Amico or Danehy over the radio. (Id. at ¶ 15).

Newton and several other guards entered the cellblock and ordered Plaintiff and the other inmate to stop fighting. (Dkt. 276-2 at ¶ 11; Dkt. 276-6). Although the inmates stopped hitting each other, the other inmate had Plaintiff pinned to the ground when the guards approached. (Dkt. 276-6). Newton attempted to handcuff Plainti...