Morgan v. Semple

LLOYD GEORGE MORGAN, JR., Plaintiff, v. SCOTT SEMPLE, et al., Defendants.

No. 3:16-cv-225 (VAB)

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

May 6, 2020

RULING AND ORDER ON MOTION TO DISMISS SECOND AMENDED COMPLAINT

Lloyd George Morgan, Jr. ("Plaintiff") has sued Commissioner Scott Semple, Deputy Commissioner Monica Rinaldi, Warden Antonio Santiago, Deputy Warden Jeffrey Zegarzewski, Captain James Shebanas, and Unit Manager Jeffrey Conger, Corrections Officer Gary Rivard, Corrections Officer Philip Comtois, Corrections Officer Paul Senita, Corrections Officer Thomas Weglarz, Corrections Officer Brett Fulcher, Corrections Officer Matthew Morin, Corrections Officer Scully, Elizabeth Coursen, and APRN Gina Higgins in their individual and official capacities under 42 U.S.C. § 1983 for retaliation, deliberate indifference to safety, violation of the right to privacy, violation of the right to free speech, and violation of the equal protection clause. Second Am. Compl., ECF No. 96 at 1 (June 21, 2019) ("Second Am. Compl.").

Defendants have filed a motion to dismiss Plaintiff's second amended Complaint. Mot. to Dismiss, ECF No. 114 (Oct. 21, 2019) ("Mot.").

For the following reasons, the motion is GRANTED in part and DENIED in part.

The Court DENIES the motion to dismiss as to Mr. Morgan's claims for First Amendment retaliation against Defendants Morin, Rivard, Comitos, Senita, Weglarz, Scully, Conger, Coursen, and Higgins; the deliberate indifference claim against Defendants Rivard, Comitos, Senita, Scully, Fulcher, Morin, Coursen, Higgins, Semple, Rinaldi, Santiago, Zegarzewski, Shabanas, and Conger; the claim of supervisory liability against Defendants Semple, Rinaldi, Santiago, Zegarzewski, Shebanas, and Conger; and the Fourteenth Amendment equal protection claim.

The Court GRANTS the motion to dismiss as to the Fourth Amendment claim; the claim for negligent infliction of emotional distress; and the claim for intentional infliction of emotional distress against Defendants Rivard, Comtois, Senita, Weglarz, Scully, Fulcher, Morin, Coursen, and Higgins.

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Factual Allegations

From approximately October 2014 to December 2015, Mr. Morgan was incarcerated at the Corrigan-Radgowski Corrections Center ("Corrigan-Radgowski") in Uncasville, Connecticut. Second Am. Compl. ¶¶ 8, 24. He allegedly suffers "from various disabilities and health issues including type-two diabetes, mental and emotional disorders and a learning disability." Id.

From approximately May to July 2015, Mr. Morgan allegedly "was housed in Unit C Block, Cell 111[.]" Id. ¶ 27. He allegedly filed various complaints and grievances against Corrections Officers Barstow and Morin with their supervisors, Lieutenant Gillete, Captain Dougherty, Captain Williams, Deputy Warden Martin, Captain Shebenas, Deputy Warden Zegarzewski, and Warden Santiago "for engaging in unprofessional conduct, including but not limited to, turning the volume on the television in the inmates' day room to levels that made it difficult for Plaintiff to sleep." Id.

After learning of the grievances, Corrections Officers Bartsow and Morin allegedly "engaged in a pattern of retaliation and harassment" against Mr. Morgan. Id. ¶ 28. The retaliationallegedly included referring to Mr. Morgan "as a 'snitch' in the presence of other inmates with the full knowledge that such a reference would create an unsafe and dangerous environment . . . because the other inmates were likely to harm inmates" believed to be informants. Id. ¶ 29.

Mr. Morgan allegedly once overheard Corrections Officer Morin tell other inmates in Mr. Morgan's cell unit that he was "'a big fat rat and snitch' and to 'fuck him up and get his ass out of the unit.'" Id. ¶ 30. Morgan alleges that Corrections Officers Barstow and Morin knew "that referring to an inmate as a 'snitch' and a 'rat' could cause grave danger[,]" but repeated these phrases in front of other inmates on multiple occasions. Id. ¶ 31.

On or around July 2015, Corrections Officer Weglarz allegedly retaliated against Mr. Morgan for filing a complaint and a grievance "for, among other things, playing the television set in the inmates' day room at a volume that made it difficult for Plaintiff to fall asleep." Id. ¶ 32. He allegedly threatened to and encouraged "other officers to write false disciplinary reports against" Mr. Morgan. Id. ¶ 33. On one occasion, Corrections Officer Weglarz allegedly "issued a false disciplinary report" in retaliation; the report ultimately was dismissed for lack of merit. Id. ¶ 34. Mr. Morgan allegedly reported the retaliation and harassment to Deputy Warden Zegarzewski and Warden Santiago, who allegedly failed "to stop Corrections Officer Weglarz from his continued acts of retaliation and harassment[.]" Id. ¶ 35.

Mr. Morgan allegedly made several complaints to Lieutenants Gillete and Iozzia, Captain Shebanas, Deputy Warden Zegarzewski, Warden Santiago, and Commissioner Semple about corrections officers' "continued practice of turning the television in the inmates' day room to loud volumes[,]" thus preventing Mr. Morgan from sleeping. Id. ¶ 36. These practices allegedly resulted in Mr. Morgan suffering "from extreme psychological distress and significant sleep deprivation[,]" which affected his physical and mental well-being. Id. The complaints allegedlycaused further retaliation. Id. "[V]arious officers [allegedly] improperly searched [Mr. Morgan's] property with the intent to cause [him] harm or subject him to criminal charges." Id.

On or around August 2015, Mr. Morgan "was housed in Unit A[.]" Id. ¶ 37. Corrections Officer Morin allegedly was assigned to the same unit. Id. With the help of others, Corrections Officers Morin "threatened to plant contraband," like a knife or a "shank," in Mr. Morgan's cell, in order to get him removed from Unit A. Id. ¶ 38. Again, Corrections Officer Morin allegedly referred to him as a "snitch" and "pedophile" in front of other inmates. Id. ¶ 39. Mr. Morgan believes this was done "as retaliation for the previous complaints and grievances" filed, id. ¶ 38, and "with the intention of endangering [his] safety and causing him psychological harm," id. ¶ 39.

On or around September 2015, Mr. Morgan allegedly "was assigned to [the] Restrictive Housing [Unit] at Corrigan-Radgowski[,]" allegedly for filing complaints about Corrections Officer Fulcher to Lieutenant Conger. Id. ¶ 41. Corrections Officer Fulcher allegedly retaliated against Mr. Morgan. Id. ¶ 42. On September 13, 2015, Mr. Morgan filed a complaint with Lieutenant Conger, allegedly "setting forth several instances of abuse of authority and ongoing harassment" by Corrections Officer Fulcher. Id. ¶ 43. Lieutenant Conger allegedly acted indifferently and blamed Mr. Morgan for the harassment and retaliation he had endured. Id. ¶ 44. Lieutenant Conger allegedly said, "I am not sure why you continue to stir up issues where there is not one. Just because you had your feelings hurt does not mean you can discredit these officers." Id. ¶ 45.

Lieutenant Conger allegedly "did nothing to prevent" continued harassment and retaliation from Corrections Officer Fulcher. Id. ¶ 46. The harassment and retaliation continued,and "Corrections Officer Fulcher [allegedly] went so far as to retrieve Plaintiff's complaint and stomp" on it in front of Mr. Morgan. Id.

Corrections Officers Rivard, Comtois, and Senita allegedly harassed and retaliated against Mr. Morgan as well. Id. ¶ 47. All three allegedly referred to him as a pedophile to medical staff, other corrections officers, and other inmates on multiple occasion in retaliation for the complaints and grievances Mr. Morgan had filed against them. Id. In his opinion, "[t]he sole purpose for continually referring to [Mr. Morgan] as a 'rat,' 'snitch' or pedophile was to create an unsafe environment for [him]" which "would likely subject [him] to a heightened risk of injury and violence . . . . " Id. ¶ 48.

Even though Mr. Morgan allegedly had reported all of this to Lieutenant Conger, Deputy Warden Zegarzewski, Warden Santiago, and Captain Shebanas, they allegedly "failed to take any action to" end the harassment and retaliation. Id. ¶ 49.

In addition, Corrections Officers Rivard, Comtois, and Senita allegedly "threatened physical violence against [Mr. Morgan] and his family members and friends after learning" of Mr. Morgan's intent to file the instant lawsuit. Id. ¶ 50. He alleges they threatened his physical safety and the safety of his friends and family on multiple occasions, unless Mr. Morgan removed them as Defendants from the lawsuit. Id. ¶ 51. The threats allegedly were reported to Lieutenant Conger, Captain Shebanas, Deputy Warden Zegarzewski, and Warden Santiago, all of whom allegedly did nothing. Id. Mr. Morgan alleges he suffered "extreme emotional distress, anguish and anxiety" as a result. Id.

One of the physical threats made by Corrections Officers Rivard, Comtois, and Senita included allegedly telling Mr. Morgan "that they had killed one of [his] sisters and [] brutally assaulted another sister." Id. ¶ 52. With a limited ability to communicate to his family, Mr.Morgan alleges he believed the corrections officers. Id. This allegedly caused him to live "in constant fear, anxiety and anguish about [the] health, safety, and well-being" of his family. Id. ¶ 53. Mr. Morgan alleges he "wrote a letter to the Connecticut State Police outlining the threats of physical violence against him and his family[,]" after supervising officers did nothing. Id. ¶ 54.

After Mr. Morgan sent the letter to Connecticut State Police, Corrections Officer Senita, with other corrections officers, allegedly "made further threats to the physical safety of [Mr. Morgan] . . . including further threats to kill [his] sisters." Id. ¶ 55. After the repeated threats, Mr. Morgan allegedly called Corrections Officers Rivard and Comtois "maniacs" and "mafioso dons[,]" to which they replied "we are maniacs...