Meronvil v. Doe

1

LEO MERONVIL, Plaintiff, v. JANE DOE #1, et al., Defendants.

CIVIL No. 17-8055 (KM) (CLW)

United States District Court, D. New Jersey

July 31, 2023

OPINION

KEVIN MCNULTY, UNITED STATES DISTRICT JUDGE

Leo Meronvil, an inmate at East Jersey State Prison in Rahway New Jersey, filed this pro se civil rights complaint against defendants Sergeant Oliver and Senior Correction Officer E Vazquez^[1] arising out of an alleged assault on September 16, 2016, when he was housed at Northern State Prison. DE 22 (amended complaint). Meronvil alleges that the defendants and other corrections officers used unconstitutional excessive force against him, motivated by discrimination based on his race or national origin, when they beat him after he defied an order to remain on his knees and instead prostrated himself on his stomach during a search. Id. at 3-5. Meronvil asserts excessive force, due process and equal protection violations, and conspiracy in violation of the Eighth and Fourteenth Amendments; 42 U.S.C. §§ 1983, 1985, and 1986; and the New Jersey Civil Rights Act (“NJCRA”), N.J Rev. Stat. § 10:6-2. Id. at 2, 6.

The defendants now move for summary judgment on Meronvil's excessive force and conspiracy claims on the grounds that (1) there is no evidence that they were personally involved in the alleged excessive force; (2) there is no evidence of an agreement or racial or class-based motivation to deprive Meronvil of the equal protection of the laws; and (3) the § 1986 claim is time-barred. DE 105-1 at 5-6. For the reasons below, the motion will be granted as to the claims arising under Sections 1985 and 1986, but denied as to the excessive force claims.

I. BACKGROUND

A. Complaint and Factual Allegations

Meronvil's amended complaint alleged as follows:^[2]

On September 16, 2016, while in his housing unit at Northern State Prison, defendant Sergeant Oliver “ordered everyone (all inmates) on their knees and to place their hands behind their heads.” DE 22 at 3. After 10 or 15 minutes, in response to complaints of discomfort, Oliver allowed some inmates to lie on their stomachs. Id. About 5 minutes later, Meronvil requested to do the same because his knees “were hurting badly.” Id. at 4. Oliver asked where he was from, and Meronvil replied that he was from Haiti. Id. Oliver allegedly responded, “Only Americans get the comforts of America[.] No, stay on your knees.” Id. Oliver and other officers laughed and Meronvil “collapsed onto his stomach” from the pain. Id. Oliver asked him, “Didn't I tell your Haitian ass to stay on your knees?” Id. Meronvil replied that he “couldn't take the pain.” Id.

Oliver told another officer, “G. Doyle,” to “get [Meronvil] up and take him to the barber shop.” Id. Doyle and other corrections officers escorted Meronvil to the barber shop and Oliver ordered the other inmates out of the area. Id. Once the area was clear, corrections officers “E. Vazquez, H. Silva, Marcado, [and] Gomez, along with Sgt. Oliver stood before [Meronvil]” and Oliver said, “Fuck his ass up.” Id. Following the order:

Marcado came up behind plaintiff and put him in a choke hold saying: “Sgt. Want me to take him out? G. Doyle punched plaintiff in the face followed immediately from a punch from E. Vazquez[.] Marcado picked plaintiff up from behind using the choke hold he had applied and body slammed plaintiff to the floor - Sgt. Oliver began to kick plaintiff about the stomach and ribs - followed by H. Silva and Gomez. Then mace/o.c./pepper spray was sprayed in plaintiff's face/head area[.]

Gomez grabbed one of plaintiff's legs and began kicking him in the groin - after which H. Silva spit in plaintiff's face a number of times. Then [a] code 33/fighting emergency was called.

DE 22 at 4-5 (quotations and paragraph numbers omitted). The assault continued even as Meronvil was being taken to the infirmary, and he was then placed in a “dry cell” for three days. Id. at 5. During his time in the dry cell, Meronvil filed grievances complaining of the “vicious assault.” Id.

Three days later (September 19), a Special Investigation Division (“SID”) officer determined that Meronvil should be “examined again.” Id. That examination “determined [that Meronvil] had broken ribs, lacerations[,] and contusions to the face, head, and body.” Id. Disciplinary charges were brought against Meronvil; hearings were held on September 20, 22, 27, and 29, 2016; and Meronvil was found not guilty of all charges. Id. On September 30, 2016, Meronvil was transferred to East Jersey State Prison. Id.

B. Summary Judgment Record

Against this backdrop, the defendants submitted, in support of their motion for summary judgment, the following:

(1) Meronvil's responses to interrogatories, DE 105-5, in which he recounts facts largely consistent with his complaint and states that Oliver ordered other officers to “fuck [him] up”; that Oliver then kicked him while he was on the ground and sprayed him with a chemical agent; and that he suffered two broken ribs, lacerations, contusions, and a dislocated shoulder;

(2) a document called “progress notes report,” which the defendants use to establish the uncontroversial point that Meronvil was incarcerated at Northern State Prison on the date(s) in question, DE 105-6;

(3) Sergeant Oliver's responses to Meronvil's requests for admission, in which she admits that she “arrived on the scene” and “assisted in securing inmate Meronvil,” who “had just assaulted or attempted to assault SCO Vazquez while being strip-searched,” DE 105-7;

(4) the 16-page^[3] transcript of Meronvil's deposition, DE 105-8, quoted at length below;

(5) a document that appears to be Meronvil's inmate grievance in which he alleges that he was assaulted on the day in question and suffered various injuries, including broken ribs and lacerations, DE 105-9;

(6) an incident report, dated more than a year after the incident, and after Meronvil instituted this lawsuit, which recounts, among other things, an interview with Vazquez in which Vazquez stated that Meronvile “swung” at him and he then sprayed Meronvil with a chemical agent and “t[ook] him to the ground,” DE 106; and

(7) a process receipt showing service attempts on Doyle were unsuccessful, DE 105-11.

It does not appear that Vazquez or Oliver (or any other correctional officer) was deposed (if they were, transcripts have not been provided). The defendants have not submitted declarations setting forth their version of the events in question, and no medical records have been provided showing (or disputing) the extent of Meronvil's injuries, or lack thereof.

As far as I can tell from reviewing this sparse record, it is undisputed that on September 16, 2016, Meronvil was an inmate at Northern State Prison, and on that date, during a search that was being conducted for unknown reasons, he was involved in some sort of altercation with corrections officers, including defendants Oliver and Vazquez, which resulted in Meronvil being sprayed with a chemical agent, taken to the ground, and transported to the medical unit. Defendants do not meaningfully deny that Meronvil was injured; at least, the defendants have provided no evidence to contradict Meronvil's contention, in both his answers to interrogatories and response to summary judgment, that he suffered various injuries including broken ribs. And there also appears to be no dispute that Oliver and Vazquez were both somehow involved in the altercation; as noted, Oliver's response to Meronvil's request for admissions states that she “assisted in securing inmate Meronvil,” and the incident report indicates that Vazquez sprayed Meronvil with a chemical agent and “took him to the ground,” whatever that may mean.

There are, however, disputes, or at least a lack of clarity, as to some important details. Meronvil contends that the use of force was for no legitimate reason, and thus amounted to an unconstitutional assault; the defendants, for their part, appear to contend that while Vazquez was searching Meronvil, Meronvil attempted to assault Vazquez, and that some degree of force was applied to subdue Meronvil in a good faith effort to restore order. But there is no declaration, testimony, or other evidence to that effect, apart from the incident report, dated 1.5 years after the incident, and after this lawsuit was filed, in which it is reported that Vazquez told an investigator that he used force after Meronvil attacked him. DE 106.

C. Parties' Arguments

It is conceded, then (or at least not disputed) that an altercation occurred; that force was used; and that Meronvil was injured; and defendants have submitting documents tending to show that Oliver and Vazquez were involved in this use of force. The defendants nonetheless argue that they are entitled to summary judgment because “there is nothing in the record showing that either Oliver or Vazquez were [sic] personally involved in the alleged violations of [Meronvil's] civil rights.” DE 105-1 at 5. This argument is premised on Meronvil's purported inability, during his deposition, to specify which officers punched, sprayed, and otherwise assaulted him. Id. at 12 (arguing that Meronvil “admitted during his deposition that he was unable to identify anyone who assaulted him”).

The following comprises counsel's complete examination of Meronvil regarding the alleged assault:

Q Okay. So I'd just like you to tell me in your own words, in as much detail as you can, what you allege happened on September 16, 2016.

A That date?

Q Uh-huh.

A Okay. You want me to start from day one?

Q Yeah.

A Okay. We was -- I was working. I was 12 working in the pan -- in the line. I was serving food at that time. It was around maybe six o'clock in the afternoon. Then after -- after mess was over, then the 15 sergeant

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