Fredrick v. Parrilla

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NIGEL FREDRICKS, Plaintiff, v. ALEXIS PARRILLA, DUAYNE JOHN, JOHN SHAHEEN, TRAVIS RICHARDS, ANDREW HENRY, and OMAR SMITH, Defendants.

No. 20-CV-5738 (AT) (JLC)

United States District Court, S.D. New York

August 3, 2022

Honorable Analisa Torres, United States District Judge

REPORT & RECOMMENDATION

JAMES L. COTT, UNITED STATES MAGISTRATE JUDGE

Nigel Fredricks, proceeding pro se, brings this action against six individual defendants from the New York City Department of Correction (“DOC”) in their personal and official capacities, including Correction Officers John Shaheen, John Richards, and Andrew Henry Assistant Deputy Warden Alexis Parrilla, and Captains Duayne John and Omar Smith (collectively “Defendants”).^[1] Fredricks alleges that Defendants violated his rights under the First and Fourteenth Amendments to the United States Constitution during his pretrial incarceration at Rikers Island. Specifically, Fredricks alleges that Defendants failed to protect him incited an attack by an inmate against him, retaliated against him, and failed to intervene when the inmate attacked him.

Before the Court is Defendants' motion for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. For the reasons discussed below, I recommend that the motion be granted.

I. BACKGROUND

A. Factual Background

The following facts are taken from Defendants' Local Civil Rule 56.1 Statement, the pleadings, as well as the affidavits, declarations, exhibits, and supporting materials submitted by the parties. The facts are undisputed except as noted.

On January 3, 2020, Fredricks was a pretrial detainee in the custody of the DOC on Rikers Island, housed in the George R. Vierno Center (“GRVC”). Fourth Amended Complaint (“FAC”), Dkt. No. 46, at 2.^[2] Declaration of James R. Murray dated December 31, 2021 (“Murray Decl.”), Exhibit I, Plaintiff's Deposition Transcript (“Pl. Dep.”), at 46:2-25, Dkt. No. 91-9. That same day, he was transferred from GRVC to a different facility, North Infirmary Command (“NIC”). Id. at 50:17-25. Upon arrival at NIC, Fredricks was taken to the Intake Unit. Id. at 51:3-9. The events discussed below occurred between January 3, 2020 and the morning of January 4, 2020.

1. Fredricks Spoke with CO Andrew Henry When Arriving at NIC

Corrections Officer Andrew Henry (“CO Henry”) was stationed at Intake A Main post when Fredricks arrived at NIC. Murray Decl., Exh. D at 2, Pl. Dep. at 60:22-25; 61:1. Fredricks asked CO Henry, “Are you aware of my situation? Do you know that I cannot be left with certain people as far as gang members?” Pl. Dep. at 61:14-19. Fredricks did not tell CO Henry that the reason he believed he could not be housed with gang members was because he had filed a federal civil rights lawsuit against a New York State correction officer, which was pending in the Northern District of New York. Id. at 63:8-9.^[3] Fredricks also did not specify any particular gang members or inmates to CO Henry, although in his deposition, Fredricks testified that in his mind he was talking about the “Bloods.” Id. at 63:12-20. At the time, Fredricks was not in a gang and had never been in a fight with a gang member. Id. at 63:24-25, 64:1-4. CO Henry has no recollection of speaking with Fredricks and he was not aware of any potential threats to Fredricks' safety at the time. Murray Decl., Exh. D at ¶¶3-4.

2. Fredricks Was Then Moved to Housing Area 3D

After arrival at NIC, Fredricks was escorted to Housing Area 3D, but upon his arrival he heard inmates “screaming they gang stuff out [sic].” Pl. Dep. at 54:13-22, 55:1-11. Fredricks did not speak to these inmates directly, nor did any of the inmates explicitly threaten to harm Fredricks. Id. at 55:12-18, 71:23-25. At his request, Fredricks was taken back to the Intake Unit. Id. at 56:7-13, 71:5-13.

3. Fredricks Returned to the Intake Unit and Spoke with ADW Alexis Parrilla

Upon returning to the Intake Unit, Fredricks spoke with Assistant Deputy Warden Alexis Parrilla (“ADW Parrilla”). Id. at 72:2-12. Fredricks told ADW Parrilla the following:

Listen, they try to take me to a house. My situation, I would like you to look into my situation. I cannot be living with these Bloods, these gang members. I got cases pending in court, got a lot of situations going on, and far as cases with new charges, so respectfully, man, can you please put me in a cell by myself?

Id. at 72:4-12. Fredricks did not elaborate on what cases he had pending nor did he specify whom he feared. Id. at 72:13-17. Fredricks later explained at his deposition, “[a]s far [as] the Northern District, I didn't get into much detail, give them the whole story, because I was hoping or assuming that [ADW Parrilla] would go and check something.” Id. at 72:20-24. According to Fredricks, ADW Parrilla told him he would “look into” his situation, left the Intake Unit, and did not return. Id. at 73:22-25, 74:1-6. ADW Parrilla has no recollection of speaking to Fredricks, and he had no personal knowledge of any potential threat to Fredricks' safety at the time. Murray Decl., Exh. C at ¶¶4-5.

4. Fredricks Returned to Housing Area 3D and Encountered Captain Duayne John

After speaking with ADW Parrilla, Fredricks was taken back to Housing Area 3D, where he was placed in his own cell that shared a common area with another inmate, Peter Rodriguez. Pl. Dep. at 80:21-25, 81:1-3, 83:5-20. Prior to this day, Fredricks and Rodriguez had never met or spoken. Id. at 32:21-24; 115:10-17. At the time, both Fredricks and Rodriguez were classified as maximum custody inmates with “enhanced restraint status.” Murray Decl., Exh. E at ¶¶7-8.

Soon after arriving at his cell, Captain Duayne John (“Captain John”) brought Fredricks a mattress. Pl. Dep. at 81:4-21. According to Fredricks, Captain John then gave Rodriguez a “subliminal message” by telling him that Fredricks “fight[s] with the mob and start[s] the Complaint.” Id. at 81:6-8, 86:10-13. When asked at his deposition whether Captain John told Rodriguez to harm him, Fredricks responded, “He didn't say it is personally [sic]. I don't think he would do it like that. I believe Peter Rodriguez knew what time it was.” Id. at 87:1-5. Fredricks testified that he understood Captain John's statement “to mean retaliation” and that “anyone” might retaliate against him. Id. at 86:12-21. Captain John has no recollection of bringing Fredricks a mattress or speaking with Rodriguez. Murray Decl., Exh. E at ¶¶9-12. Further, Captain John never spoke to any inmate regarding any fights or grievances relating to Fredricks. Id. at ¶11. At the time, Fredricks did not have any pending grievances with DOC. See Pl. Dep. at 38:8-18. Fredricks did have a pending lawsuit in the Northern District of New York, of which Captain John was unaware. Id. at 72:22-25, 73:1-11, Murray Decl., Exh. E at ¶¶4-5. Finally, according to Fredricks, although Captain John had served him an infraction for fighting DOC officers several weeks earlier, Pl. Dep. at 48:19-22, Fredricks never discussed the infraction with him and he did not know why the infraction had been issued, nor did he investigate it. Id. at 49:19-25; Murray Decl., Exh. E at ¶6.

5. Fredricks Spoke with CO John Shaheen on the Morning of January 4, 2020

On the morning of January 4, 2020, Rodriguez was released from his cell to the common area, after which he “played cool” with Fredricks, who was still in his cell, offering him cookies through the bars of the cell. Id. at 85:3-11, 90:13-19. CO John Shaheen (“CO Shaheen”) and CO Travis Richards (“CO Richards”) then arrived and released Fredricks from his cell. Id. at 91:10-15. CO Shaheen asked Fredricks if he had any issue living with Rodriguez, to which Fredricks responded that he did not. Murray Decl., Exh. H at ¶4. CO Shaheen asked the same of Rodriguez, who also denied having any issues. Id. at ¶5. Fredricks contends that CO Shaheen never asked this question. Plaintiff's Opposition to Motion for Summary Judgment (“Pl. Opp.”) at 9.

6. Rodriguez Attacked Fredricks and CO Shaheen and CO Richards Responded

Later that morning, while both were in the common area, Rodriguez approached Fredricks from behind, grabbed his head, and cut his face with what appeared to be a sharp metal object. Murray Decl., Exh. J at 11:05:45; Pl. Dep. at 102:5-6.^[4] Fredricks then made a kicking motion towards Rodriguez. Murray Decl., Exh. J at 11:05:45-48. CO Shaheen verbally instructed both inmates to stop fighting in “an urgent tone.” Murray Decl., Exh. H at ¶8; Pl. Dep. at 104:16-20. Neither inmate complied, but Fredricks retreated into his cell. Murray Decl., Exh. H at ¶¶8-9; Pl. Dep. at 10:14-17. CO Shaheen did not use a chemical agent to quell the situation. Pl. Dep. at 104:22.

At the time, CO Richards was in the Housing Area 3D control room, approximately 10 feet away from the cells, out of visible range. Murray Decl., Exh. H at ¶¶10-11. Although he could not see what was going on, when CO Richards heard the loud sounds, he believed they were caused by an altercation, so he immediately requested a de-escalation team and activated the probe team alarm. Murray Decl., Exh. G at ¶¶5, 7.

Approximately 25 seconds after Rodriguez attacked Fredricks, CO Shaheen saw Fredricks enter his cell, and yelled for CO Richards to close the cell door from the control room, after which CO Shaheen immediately saw the cell door close. Murray Decl., Exh. H at ¶9. Although Fredricks testified at his deposition that he did not hear CO Shaheen yell to CO Richards to close the door, Fredricks confirmed that his cell door did in fact close. Pl. Dep. at 103:5-8. At this time, Rodriguez could no longer strike Fredricks. Id. at 102:18-20.

A probe team arrived about five minutes after the incident ended and took Fredricks to a...