Gonzalez v. Conn. Dep't of Corr.

PATRIA GONZALEZ, Plaintiff, v. CONNECTICUT DEPARTMENT OF CORRECTION, et al., Defendants.

No. 3:20-cv-00736 (VAB)

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

May 13, 2021

RULING AND ORDER ON MOTIONS

Patria Gonzalez ("Plaintiff"), proceeding pro se, has sued the Connecticut Department of Correction (the "DOC"), then-interim and current Commissioner of the DOC Angel Quiros, and DOC Human Resources official Emily Kennedy (together, the "DOC Defendants") under 42 U.S.C. § 1983, alleging five counts of "gender discrimination," "age discrimination," "retaliation," "intentional infliction of emotional distress," and violations of the Fourteenth Amendment. See Am. Compl., ECF No. 11 at 30-32 (July 24, 2020) (the "Amended Complaint").¹

Ms. Gonzalez also has moved to amend her Amended Complaint to "add a spoliation claim, a new cause of action polishing up her complaint, making it clearer," see Pls.' Mot. for Leave to File an Am. Compl., Due to Incidents by the Ct., Creating an Undue Delay for the Pl., ECF No. 27 at 2 (Nov. 6, 2020) ("Mot. to Amend"), and accordingly has filed a Second Amended Complaint that also seeks to add to the action Connecticut state officials Joseph Aresimowicz and Senator Cathy Osten (together, the "State Defendants," and together with the DOC Defendants, the "Defendants"). See Second Am. Compl., ECF No. 36 (Nov. 30, 2020).

The DOC Defendants have moved to dismiss the Amended Complaint for lack of subject matter jurisdiction and for failure to state a claim. Defs.' Mot. to Dismiss, ECF No. 20 (Oct. 16, 2020) ("DOC MTD"); Defs.' Mem. of L. in Supp. of Mot. to Dismiss, ECF No. 20-1 (Oct. 16, 2020) ("DOC MTD Mem."). The DOC Defendants also have objected to Ms. Gonzalez's filing of the Second Amended Complaint without having obtained leave from the Court. See Defs.' Obj. to Pl.'s Mot. for Leave to File an Am. Compl., ECF No. 35 (Nov. 27, 2020) ("DOC Obj. Mot. to Amend"); Defs.' Obj. to Pl.'s Filing a Second Am. Compl. without the Ct.'s Permission, ECF No. 43 (Dec. 15, 2020) ("DOC Obj. Second Am. Compl.").

The State Defendants have moved to dismiss the Second Amended Complaint. See Def. Aresimowicz's Mot. to Dismiss, ECF No. 51 (Dec. 28, 2020) ("Aresimowicz MTD") (moving to dismiss due to res judicata as well as for lack of subject matter jurisdiction); Def. Aresimowicz's Mem. of L. in Supp. of Mot. to Dismiss Pl.'s Second Am. Compl., ECF No. 51-1 (Dec. 28, 2020) ("Aresimowicz MTD Mem."); Def. Osten's Mot. to Dismiss, ECF No. 54 (Dec. 28, 2020) (moving to dismiss due to res judicata and for failure to state a claim) ("Osten MTD"); Def. Osten's Mem. of L. in Supp. of Mot. to Dismiss Pl.'s Second Am. Compl., ECF No. 54-1 (Dec. 28, 2020) ("Osten MTD Mem.").

Ms. Gonzalez additionally has filed a variety of other motions, including several motions to "strike" various filings on the docket, see Mot. to Strike Def.'s Obj. to Pl. Filing a Second Am. Compl., ECF No. 47 (Dec. 22, 2020) ("Mot. to Strike Obj. to Second Am. Compl."); Pl.'s Mot. to Strike, ECF No. 71 (Feb. 6, 2021) ("Mot. to Strike Aresimowicz Reply"); Pl's Mot. to Strike, ECF No. 72 (Feb. 6, 2021) ("Mot. to Strike Osten Reply"); a motion regarding "abuse of discretion," see Mot. Abuse of Discretion, ECF No. 42 (Dec. 14, 2020) ("Mot. Abuse Discretion"); a motion requesting discovery, see Pl.'s Mot. for Disc., ECF No. 60 (Jan. 26, 2021)("Mot. for Disc."); a "motion to show cause," see Mot. to Show Cause, ECF No. 56 (Dec. 29, 2020) ("Mot. to Show Cause"); a motion for default judgment, see Mot. to Default the Defs., ECF No. 74 (Feb. 6, 2021) ("Mot. for Default J."); a motion for injunctive relief, see Pls.' Mot. for Injunctive Relief, ECF No. 61 (Jan. 26, 2021) ("Mot. for Injunction"); a motion to amend/correct her memorandum in support of her motion for injunctive relief, see Mot. to Amend, ECF No. 65 (Feb. 1, 2021) ("Mot. to Amend Mot. for Injunction"); a motion to "record[] political malfeasance," see Mot. Recording Political Malfeasance, ECF No. 75 (Feb. 6, 2021) ("Mot. Recording Malfeasance"); and two motions requesting an update on the status of the case, see Mot. Requesting Status, ECF No. 78 (Mar. 29, 2021) ("First Mot. for Status"); Mot. Requesting Status, ECF No. 79 (Mar. 29, 2021) ("Second Mot. for Status").

For the following reasons, the DOC Defendants' motion to dismiss, ECF No. 20, will be GRANTED;

All claims against the Department of Correction and against Commissioner Quiros and Ms. Kennedy in their official capacities will be dismissed with prejudice. All claims against Commissioner Quiros and Ms. Kennedy in their individual capacities will be dismissed without prejudice to Ms. Gonzalez filing a Third Amended Complaint, by June 25, 2021, to correct the deficiencies identified in this Order and Ruling; a failure to file a Third Amended Complaint by June 25, 2021 will result in this case being dismissed with prejudice;

Ms. Gonzalez's motion to amend the Amended Complaint, ECF No. 27; motion for abuse of discretion, ECF No. 42; motions to strike, ECF Nos. 47, 71, and 72; motion to show cause, ECF No. 56; motion for discovery, ECF No. 60; motion for default judgment, ECF No. 74; and motion recording political malfeasance, ECF No. 75, will be DENIED; Mr. Aresimowicz and Senator Osten's motions to dismiss, ECF Nos. 51 & 54, will be DENIED as moot;

Ms. Gonzalez's motions requesting a status update on the case, ECF Nos. 78 & 79, will be DENIED as moot;

Ms. Gonzalez's motion to amend/correct her memorandum in support of her motion for injunctive relief, ECF No. 65, will be GRANTED; and

Ms. Gonzalez's motion for injunctive relief, ECF No. 61, will be DENIED as moot.

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Factual Allegations²

i. Ms. Gonzalez's Prior DOC Employment

From August 1996 to March 2006, Ms. Gonzalez allegedly worked for the DOC. Am. Compl. ¶ 19. She allegedly "became a union steward for AFSCME at New Haven Correctional," where she allegedly worked "[f]rom 1996 to the fall of 2000." Id. ¶¶ 19, 21.

During her time as an AFSCME union steward, she allegedly "wrote quality of life proposals . . . in order to improve her work environment," which "included ways to improve the operation of the Correctional facility." Id. ¶ 21.

She allegedly "develop[ed] a reputation for [being] a goody two shoes with AFSCME and union leaders," and allegedly was "warned . . . to keep a low profile" by Tom Mulhall, "the AFSCME President of Local 1565." Id. ¶ 22.

She allegedly "had fully satisfactory employment evaluations, while working at New Haven Correctional." Id. ¶ 24.

"In the fall of 2000," Ms. Gonzalez allegedly "transferred from New Haven Correctional to Hartford Correctional Institution." Id. ¶ 25. In November of 2000, Ms. Gonzalez allegedly "was nearly nine months pregnant." Id. ¶ 26. It allegedly was "common practice for Department of Correction supervisors to discuss employees' previous facility employment history" when they "tranferr[ed] into a new jail or prison." Id.

"[D]ays after she arrived at the facility," Ms. Gonzalez allegedly "was sexually assaulted at Hartford Correctional" by "a coworker with a (not known at the time) criminal history . . ., while her supervisor Captain Charles Ruffin [allegedly] watched." Id. ¶ 27. The incident allegedly "caused her to go into premature labor." Id.

On January 17, 2003, Ms. Gonzalez allegedly "was the victim of another officer who [allegedly] threatened to kill her and [allegedly] put a bullet between her eyes with her gun." Id. ¶ 28. Allegedly due to the incident, Ms. Gonzalez allegedly "was transferred to U[C]onn Medical Center on day shift from Hartford Correctional." Id.

On December 11, 2003, Ms. Gonzalez allegedly "went to Hartford Correctional on official union business to hand out election information." Id. ¶ 29. Ms. Gonzalez allegedly was "escorted . . . off [of the] Hartford Correctional grounds" by a warden, who allegedly had been "summoned" by AFSCME steward Errol Goodison "to speak with her." Id.

On January 15, 2004, Ms. Gonzalez allegedly testified at an "open public hearing at AFSCME Council 4." Id. ¶¶ 30, 31. Her testimony described the alleged incidents at Hartford Correctional. See id. ¶¶ 31-35.

"Immediately[] after the January 15, 2004 public testimony," Ms. Gonzalez allegedly "was retaliated against by both the [DOC] and AFSCME on a regular basis." Id. ¶ 36.

The night of Ms. Gonzalez's testimony, DOC Human Resources official Tracey Butler allegedly called Ms. Gonzalez "[a] white racist bitch." Id. ¶ 38. Mr. Mulhall allegedly "informed [Ms. Gonzalez] to watch her back because the [DOC] and the union were coming after her[] for her public testimony." Id.

After providing her testimony, Ms. Gonzalez allegedly "was bombarded with a tsunami of frivolous internal investigations, threats and intimidation at work like never before." Id. "AFSCME [allegedly] encouraged the [DOC] to intimidate, harass, and investigate [Ms. Gonzalez]," and allegedly "had no intention of defending her, making her work life unbearable." Id. ¶ 37.

On January 15, 2004, Ms. Gonzalez allegedly "went to a bar restaurant. . . to decompress from her uncomfortable testimony." Id. ¶ 39. An "anonymous [DOC] male employee" allegedly "filed a complaint" after hearing Ms. Gonzalez "discuss the hearing with her friends." Id. On February 23, 2004, a complaint allegedly was filed by Angel Medina from Hartford Correctional, an allegation which the DOC allegedly "investigated and found . . . [to be] unsubstantiated." Id.

On January 24, 2004, various AFSCME officials "wrote a letter to the [DOC] Commissioner" but "made no mention of [Ms. Gonzalez's] sexual assault." Id. ¶ 40.

On June 25, 2004, Ms. Gonzalez allegedly attended "training at Macdougall training location." Id. ¶ 41. While there, a training correction officer allegedly stated "the bright side of sexual harassment is that you can end up at UC[onn] Medical Center on day shift." Id. ¶ 42.

On August 26, 2004, Ms. Gonzalez allegedly "was locked inside the...