Edwards v. Annucci

WILLIAM L. EDWARDS, Plaintiff, v. ANTHONY J. ANNUCCI; KAREN BELLAMY; ADA PEREZ; LT. HENRY M. DANIELS;LT. K. COFFEY; SGT. P. TURSO; C.O. SMITH; C.O. S. GARCIA;C.O. JACKSON; R.N. NGUYEN; and C.O. A. ARGIBAY, Defendants.

17 CV 5018 (VB)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

March 19, 2019

Copy mailed by Chambers 3-20-19 DH

OPINION AND ORDER

Briccetti, J.:

Plaintiff William L. Edwards, proceeding pro se and in forma pauperis, brings this action pursuant to 42 U.S.C. §§ 1983, 1985, and 1986 against defendants Anthony J. Annucci, Acting Commissioner of the New York State Department of Corrections and Community Supervision ("DOCCS"); Karen Bellamy, Director of the DOCCS Inmate Grievance Program; Ada Perez, Superintendent ("Supt.") of Downstate Correctional Facility ("Downstate"); Lieutenant ("Lt.") Henry M. Daniels; Lt. K. Coffey; Sergeant ("Sgt.") P. Turso; Correction Officer ("C.O.") Smith; C.O. S. Garcia; C.O. Jackson; Correctional Nurse Nguyen; and C.O. A. Argibay. Plaintiff asserts claims against (i) Argibay for excessive force; (ii) Garcia, Turso, Smith, and Jackson for failure to intervene; (iii) all defendants for conspiracy; and (iv) Argibay for denying plaintiff access to the courts. Plaintiff also alleges violations of Title II of the Americans with Disabilities Act ("ADA"); Article I of the New York State Constitution; and state law claims for assault and battery and both negligent and intentional infliction of emotional distress.¹

Now pending is defendants' partial motion to dismiss the amended complaint pursuant to Rules 8(a)(2), 10(b), and 12(b)(6) of the Federal Rules of Civil Procedure. (Doc. #67).

For the following reasons, the motion is GRANTED IN PART and DENIED IN PART.

The Court has subject matter jurisdiction under 28 U.S.C. §§ 1331 and 1367.

BACKGROUND

For the purpose of ruling on the motion to dismiss, the Court accepts as true all well-pleaded factual allegations in the amended complaint and its exhibits and draws all reasonable inferences in plaintiff's favor, as summarized below.

Plaintiff was a convicted inmate at Downstate at all relevant times. He alleges he is physically disabled, having "a short, deformed right arm with a drop wrist from nerve damage from previous physical trauma." (Am. Compl. at 9).²

I. Plaintiff's Alleged Conflict with C.O. Argibay and Alleged Beating

Plaintiff claims defendants conspired to use, used, and then covered up the use of excessive force to retaliate against plaintiff for saying he planned to file a grievance against C.O. Argibay, who allegedly lied to plaintiff about a policy governing access to Downstate's law library. Specifically, plaintiff claims Argibay enforced "an unwritten, and false rule, regulation, policy, procedure, directive and corrections law" barring inmates from accessing Downstate's law library until five business days after their arrival. (Am. Compl. at 5). Plaintiff alleges such a regulation either did not exist or existed but Argibay misinterpreted it.

On June 26, 2014, plaintiff alleges C.O. Garcia eavesdropped on a conversation during which plaintiff told another prisoner he planned to file a grievance against Argibay for denyingplaintiff access to the law library. Plaintiff claims Garcia told Argibay about plaintiff's remark, allegedly knowing Argibay would physically abuse plaintiff in response. Moreover, plaintiff alleges Garcia admitted to eavesdropping on plaintiff and knowing about his plan to grieve Argibay—at around 11:30 a.m. that day, Garcia allegedly warned plaintiff, "Hey Edwards, you talk to[o] loud, you should have kept it to yourself." (Id. at 20).

A short time later, plaintiff allegedly heard Argibay tell Garcia, "I'm going to straighten that motherfucker out, watch and see." (Am. Compl. at 5). Argibay also allegedly told Garcia he would show Garcia "how to straighten a fucking asshole out the old school way," and to "watch [Argibay's] back for other inmate[s] and white shirts" while he did so. (Id. at 6). Plaintiff claims he also overheard Argibay tell Sgt. Turso on the phone, "Hey Sarge, I got a fucking asshole, whose a old timer who wants to fucking grieve me about me lying to him about the fucking law library. I want to straighten his fucking ass out the old school way, you don't grieve [officers] or else you get this." (Id. at 5-6).

At around 12:25 p.m. that day, plaintiff alleges Turso "orchestrat[ed] a frivolous [block-wide] pat-frisk to separate and isolate the plaintiff" in a secluded area away from other prisoners and employees. (Am. Compl. at 22). Plaintiff alleges Turso then ordered C.O. Smith and C.O. Jackson "to stand security guard for" Turso and Argibay. (Id. at 7).

Plaintiff alleges an officer ordered plaintiff to stand against a wall while the officer patted down an inmate standing next to plaintiff. When plaintiff assumed "the pat-frisk stance as directed," Argibay allegedly grabbed the back of plaintiff's shirt "without being provoke[d]" and "viciously drove the plaintiff into the wall," repeatedly slamming his body and the right side of his head into the wall. (Id. at 6-7). Argibay allegedly said, "You got something to say, motherfucker? Say something now, motherfucker! Are you going to file a grievance against me,motherfucker?" (Id.at 7). Argibay then purportedly "use[d] his left fore-arm to hold the plaintiff in place, while he . . . punched the plaintiff in the face approximately three to four times with a closed, right-hand fist on the plaintiff's left jaw area," yelling, "You are the trouble maker of the block . . . ! You like grieving, motherfucker? You've been through here numerous of times and you still haven't learned! You don't grieve [officers] or else you get this! I'm the motherfucker who runs the block, that's who I am, and the motherfucker [who's] going to straighten your ass out.'" (Id. at 7-8).

Turso, who allegedly "masterminded" the incident (Am. Compl. at 22), then "tapped . . . Argibay's left elbow, and said, 'That's enough'" (id. at 9).

Plaintiff alleges no defendant present "tr[ied] to intervene, stop, or prevent [the] physical attack from happening," and that defendants conspired to harm plaintiff and were complicit in his beating. (Am. Compl. at 8). Specifically, plaintiff alleges Turso witnessed the incident while laughing to himself, taking no action to stop it; Garcia laughed while watching the incident and did nothing to intervene; and Smith and Jackson witnessed the attack but did not get involved, despite that Jackson was standing "[two] to four feet away." (Pl. Opp. Br. at 11). Plaintiff also claims Smith and Jackson "just stood idly while the plaintiff was being physically abuse[d] in their [presence]" (id. at 11), and that Garcia also "stood idle" throughout (id. at 40).

After the alleged assault, plaintiff claims Argibay said twice, "Nothing happened here. Right, Edwards?" (Am. Compl. at 9). Plaintiff says he interpreted these comments as warnings not to tell anyone about the beating.

Plaintiff allegedly asked Turso to take plaintiff to the Downstate medical clinic after the beating. Turso allegedly responded, "Well kid, suck it up it happens, you shouldn't grieve him, but that's between you and him." (Am. Compl. at 11). Plaintiff also asserts he gave a sick callslip to a non-party correction officer who refused to submit it. (Id. at 32). Plaintiff claims Turso denied plaintiff's requests for medical care a second time before eventually bringing plaintiff to the clinic.

At the clinic, Turso allegedly told Nurse Nguyen "in front of the plaintiff not to medically document the plaintiff's physical injuries . . . and to cover-up" the alleged assault. (Am. Compl. at 10). An "Inmate Injury Report," dated June 26, 2014, and apparently signed by Nurse Nguyen, states, "No visual injury noted. No swelling - no bleeding noted. Inmate able to talk. No limitation." (Pl. Opp. Br. at 60). Plaintiff claims Turso and Nguyen conspired to conceal the assault.

Plaintiff alleges he refused to return to his housing block after the assault and told Turso plaintiff's "life [was] in danger"; he "fear[ed] for his life, safety, and physical well being" around Turso, Garcia, and Argibay; and he would rather be in protective custody than return to his housing block. (Am. Compl. at 11). In response, Turso, with Lt. Daniels's authorization, transferred plaintiff to a new housing block that day. Plaintiff asserts Turso and Daniels agreed to transfer plaintiff because Argibay "in fact physically abuse[d]" him. (Pl. Opp. Br. at 13).

II. Plaintiff's Grievance and Complaints

Plaintiff alleges he sent Supt. Perez a "complaint letter" describing the assault. (Pl. Opp. Br. at 16). Perez allegedly forwarded the letter to a non-party investigator without sending plaintiff a response.

Plaintiff also allegedly submitted a formal grievance to Perez complaining of Turso, Garcia, and Argibay's misconduct. Plaintiff accuses Argibay, Garcia, Turso, and Daniels of responding to that grievance by submitting memoranda containing false denials and other false information about the incident. Among other things, plaintiff alleges Garcia lied that she did notknow plaintiff planned to grieve Argibay, despite that plaintiff told Garcia before the assault that plaintiff planned to file a grievance, and that Garcia documented in a log book plaintiff's visit to the grievance committee on the morning of the assault. Plaintiff also claims Coffey falsely reported that a witness to the assault told Coffey the "witness didn't see anything because he was facing the wall[,] but he heard someone yelling," when in fact the witness both saw and heard the assault. (Pl. Opp. Br. at 14). Plaintiff further alleges Coffey participated in the conspiracy to cover up the beating by receiving other defendants' "false [documents]." (Am. Compl. at 26).

Perez denied plaintiff's grievance. In so doing, she allegedly failed to discipline Turso, Garcia, and Argibay and "condoned and sanction[ed]" their use of excessive...