Green v. Padilla

484 F.Supp.3d 1098

Dawn GREEN, Andrea Gallegos, and Sasha Dominguez, Plaintiffs,

v.Officer Christopher PADILLA, Officer Justin N. Sanders, Officer Malcom J. Gonzales, Former Warden John Sanchez, Former Warden Ebeth Cruz-Martinez, Warden Marianna Vigil, and Captain Robert Gonzales, Defendants.

No. CIV 19-0751 JB\JFR

United States District Court, D. New Mexico.

Filed September 4, 2020

Erlinda O. Johnson, Law Office of Erlinda Ocampo Johnson, LLC, Albuquerque, New Mexico --and-- Justine Fox-Young, Justine Fox-Young, P.C., Albuquerque, New Mexico, Attorneys for the Plaintiffs.

Douglas E Gardner, Robles Rael & Anaya PC, Albuquerque, New Mexico, Attorneys for Defendants Christopher Padilla, Justin Sanders, and Malcolm Gonzales.

Michael Dickman, Law Office of Michael Dickman, Santa Fe, New Mexico, Attorney for Defendants John Sanchez, Ebeth Cruz-Martinez, Marianna Vigil, and Robert Gonzales.

MEMORANDUM OPINION AND ORDER

James O. Browning, UNITED STATES DISTRICT JUDGE

THIS MATTER comes before the Court on the Motion to Dismiss, filed November 11, 2019 (Doc. 15)("Motion"). The primary issues are: (i) whether Defendants John Sanchez, Ebeth Cruz-Martinez, Marianna Vigil, and Robert Gonzales ("the Supervisory Defendants") are entitled to qualified immunity against Plaintiffs Dawn Green, Andrea Gallegos, and Sasha Dominguez’ ("Female Inmates") claims under the Eighth Amendment to the Constitution of the United States of America; and (ii) whether the Supervisory Defendants are immune from liability against the Female Inmates’ state law negligence claim under N.M. Stat. Ann. § 41-4-6, because the Female Inmates do not allege that the Supervisory Defendants maintained a dangerous condition at Springer Correctional Center ("Springer Correctional") in Springer, New Mexico, by failing to prevent sexual abuse that the Female Inmates suffered. The Court concludes that: (i) Green makes no factual allegations against Vigil or R. Gonzales, and so the Court dismisses Green's Eighth Amendment claim against them; (ii) Gallegos makes no factual allegations against Sanchez, and so the Court dismisses Gallegos’ Eighth Amendment claim against Sanchez; (iii) Dominguez makes no allegations against Sanchez and Vigil, and so the Court dismisses Dominguez’ Eighth Amendment claim against Sanchez and Vigil; (iv) Green states a plausible Eighth Amendment claim against Sanchez; (v) Gallegos does not state a plausible Eighth Amendment claim against Vigil or R. Gallegos, because she does not allege that they knew about Defendant Malcolm Gonzales’ abuse; (vi) Dominguez states a plausible Eighth Amendment claim against R. Gonzales; (vii) Sanchez is not entitled to qualified immunity from Green's Eighth Amendment claim against him, because his deliberate indifference to Defendant Christopher Padilla's sexual abuse violates clearly established law; (viii) R. Gonzales is entitled to qualified immunity from Dominguez’ Eighth Amendment claim against him, because his deliberate indifference did not cause a constitutional violation; and (ix) the Female Inmates state a plausible negligence claim against the Supervisory Defendants under § 41-4-6, because the Supervisory Defendants reasonably should have known about rampant sexual abuse against female inmates at Springer Correctional, and their inaction created a dangerous condition. The Court will permit the Female Inmates to submit a motion to amend the complaint consistent with D.N.M.LR-Civ. 15.1. Accordingly, the Court grants in part and denies in part the Motion.

FACTUAL BACKGROUND

The Court takes its facts from the Complaint for Civil Rights Violations, State Tort Claims and Damages, filed August 15, 2019 (Doc. 1)("Complaint"). The Court provides these facts for background. It does not adopt them as the truth, and it recognizes that these facts are largely the Female Inmates’ version of events.

This lawsuit arises from sexual abuse that the Female Inmates experienced from prison guards at Springer Correctional. Since 2016, New Mexico has incarcerated between 400 and 500 female inmates at Springer Correctional, a forty-acre, twenty-two-building compound in the State's northeastern region. See Complaint ¶¶ 13-14, at 3. The Female Inmates allege that Springer Correctional is "understaffed, with a very high inmate to correctional officer ratio," and that "[p]oor management of the facility made it highly likely for sexual assault to occur[.]" Complaint ¶¶ 16-17, at 3. The Female Inmates attribute this risk to: (i) Springer Correctional's "continued employment of correctional officers including Defendants [Christopher] Padilla, [Justin] Sanders and Malcom Gonzales despite their known assaultive behavior"; (ii) "the large number of areas that were not monitored by cameras"; and (iii) the "overall lack of controls to properly protect female inmates who are supervised by largely male correctional officers." Complaint ¶ 17, at 3.

Padilla, Sanders, and M. Gonzales began working as correctional officers at Springer Correctional between 2015 and 2016. See Complaint ¶¶ 18-20, at 3-4. During the same time period, Sanchez, Cruz-Martinez, and Vigil "served as successive wardens at Springer Correctional[.]" Complaint ¶ 21, at 4. Wardens at Springer Correctional manage the facility's daily operations, including making decisions about hiring and firing correctional officers. See Complaint ¶ 22, at 4.

1. Green's Allegations.

Green began her incarceration at Springer Correctional on October 3, 2016 and, shortly thereafter, began working "on a crew in the kitchen." Complaint ¶¶ 23-24, at 4. In December, 2016, "Padilla was placed in charge of the kitchen and of the inmates working there," including Green, over whom he "had complete control ... and the power to take her job away should he choose to" do so. Complaint ¶ 25, at 4. "Right away, Padilla began making inappropriate and unwanted comments about Ms. Green's body," including "on the size of her nipples," and repeatedly "instructed Ms. Green to show him her breasts and told her that, in exchange, he would let her take food out of the kitchen." Complaint ¶¶ 27-29, at 4. These and similar comments persisted for months, and Green complied with Padilla's demands that she show him her breasts. See Complaint ¶ 30, at 4.

"During this time, it was obvious to Padilla's supervisors and other staff that Padilla was abusive and preyed on a number of inmates," including seeking out "women who did not have the money on their books to purchase food from the commissary and [he] would direct them to reveal their bodies in exchange for food from the kitchen." Complaint ¶ 32, at 5. "Despite this behavior, Padilla was promoted to maintenance supervisor in or about February or March, 2017." Complaint ¶ 34, at 5. In the spring of 2017, Padilla began regularly visiting Green's room, coercing her to insert Jolly Rancher candies in her vagina, and he would "then proceed to eat them in front of her." Complaint ¶¶ 37-44, at 5-6.

In March, 2017, another inmate named Martinez and "at least one other inmate" attempted to report Padilla's sexual abuse, including his abuse against Green, through Springer Correctional's Prison Rape Elimination Act of 2003, Pub. L. No. 108-79, 117 Stat. 972 (2003) ("PREA"), hotline, but had difficultly doing so, because Springer Correctional posted an incorrect telephone number for the hotline. Complaint ¶ 45, at 6. Eventually, Martinez’ complaint reached the Springer Correctional administration; shortly thereafter, two New Mexico State Police officers interviewed Green, who "reported some of what Padilla had done to her." Complaint ¶¶ 47-48, at 6. Sanchez was present at the interview but "took no action to remove Defendant Padilla from the facility or to otherwise protect the inmates from his predatory behavior." Complaint ¶¶ 50-51, at 6. After the interview, Green "filed an informal grievance with the prison complaining about Padilla," but Springer Correctional officials later told her that "they had no record" of the report. Complaint ¶¶52-53, at 6. Around the time that Green reported Padilla's abuse, the abuse escalated, with Padilla frequently "coming to Ms. Green's cell and ordering her to masturbate while he watched." Complaint ¶ 54, at 6. Padilla also "regularly shook down Ms. Green's cell so that he could go pick through her underwear." Complaint ¶ 56, at 7.

In "late March or early April," 2018, Green "was called to meet with members of the administration regarding the informal grievance" she submitted against Padilla which the administration "had previously denied receiving," and the "committee informed her that the recommendation for resolution for her grievance was to send her for mental health treatment." Complaint ¶¶ 57-58, at 7. She did not receive any mental health treatment, however, until September, 2018, after Green requested treatment.

See Complaint ¶¶ 59-60, at 7. Green told her counselor that "she was having serious anxiety because Padilla was still coming around her cell," and she later detailed Padilla's abuse to "Ms. Serna," a therapist. Complaint ¶¶ 61-62, at 7. On September 1, 2018, while Green was working in the Springer Correctional kitchen, "two investigators came to see her regarding Padilla," and Green "revealed the same information she had previously told state police." Complaint ¶¶ 64-65, at 7. She was thereafter fired from her job in the kitchen, and Green alleges that she was fired "in retaliation for reporting Padilla." Complaint ¶¶64-67, at 7. She was also moved out of "honor housing," in which she "had a private room, a washer and dryer, no curfew and first pick of commissary items," into a different unit without these privileges. Complaint ¶¶ 68-70, at 7-8. Green alleges that the "housing change and removal of privileges was made in retaliation for reporting Padilla." Complaint ¶ 71, at 8. When Green asked R. Gonzales, the "unit manager for the honor unit," why she had lost her privileges, he "responded that he had learned about her report...