Randle v. Alexander

960 F.Supp.2d 457

El'Reko D'Wyane RANDLE, Plaintiff,

v.Sergeant Tracy ALEXANDER et al., Defendants.

No. 10 Civ. 9235 (JPO).

United States District Court, S.D. New York.

May 30, 2013.

Timothy Edward DeMasi, Jamie Lynn Hoxie, Weil, Gotshal & Manges LLP, New York, NY, for Plaintiff.

James Brennan Cooney, New York State Attorney General's Office, New York, NY, for Defendants.

MEMORANDUM AND ORDER

J. PAUL OETKEN, District Judge:

This civil rights case, brought by Plaintiff El'Reko D'Wyane Randle pursuant to 42 U.S.C. § 1983, against a number of prison officials, arises from serious allegations of abuse and neglect within the prison system. Before the Court is Defendants' motion to dismiss the Third Amended Verified Complaint (“TAC”) pursuant to Federal Rules of Civil Procedure 12(b)(1), 12(b)(3), and 12(b)(6). For the reasons that follow, Defendants' motion is granted in part and denied in part.

I. BackgroundA. Factual Background¹

Plaintiff El'Reko D'Wayne Randle (“Randle” or “Plaintiff”) is currently a prisoner in the custody of the New York State Department of Corrections and Community Supervision (“DOCCS”). During late 2008 and early 2009, when the events giving rise to this suit occurred, Randle was housed at Green Haven Correctional Facility (“Green Haven”), within the protective custody unit commonly referred to as “the Company.”

There are several defendants in this action. Defendant Officers Dennis Benitez, William Monzon, H. Hanaman, and K. Nelson (together, the “Guard Defendants”) were all correctional officers at Green Haven during the relevant time. Defendants Tracy Alexander and Robert Ercole were, respectively, a sergeant at and the Superintendent of Green Haven while Randle was incarcerated there.

Defendant Marinelli was Randle's therapist during and prior to Randle's suicide attempts. Defendant Doris Ramirez–Ramero was the Director of Correctional Mental Health Services during Randle's time in the Group Therapy Program (“the GTP”).

John Carvill, Zaida Chase, Betsy Smith, and Mariann Amodio were CLM Reviewers working for the DOCCS Office of Classification and Movement while Randle was maintained in the GTP. Steven Kaska and Sean Duncan were IG Reviewers working for the Office of the Inspector General during the relevant time period. Donald Selsky and Kenneth Decker were both working for the Assistant Commissioner of DOCCS during the relevant time; and Ryan McNulty, Melissa Collins, Mitchell Lake, and Charles Gordon were all Mental Health Reviewers working for the DOCCS Bureau of Mental Health during the relevant time period. Timothy Votraw and Albert Prack were Special Housing reviewers for the Special Housing/Inmate Disciplinary Program while Randle was housed in that unit. Collectively, the aforementioned defendants in this paragraph are referred to as “the Mental Health Defendants.”

While Randle was incarcerated at Green Haven, he interacted with Benitez frequently, as Benitez was one of the guards who regularly worked shifts on the Company. Benitez frequently encouraged inmates within the Company to harass and punish inmates whom Benitez disliked. These harassing inmates acted as Benitez's agents, whom he utilized to inflict punishment on those inmates he targeted. Moreover, it was common knowledge within the Company that inmates could approach Benitez for “permission” to fight another inmate. Benitez, in turn, would encourage these fights and would sanction inmate fighting, particularly when he did not like the inmates involved. Benitez frequently suggested areas to inmates where these fights could occur, uninterrupted. As a result of Benitez's behavior, inmates frequently filed grievances about these fights and harassment; however, nothing ever changed.

Randle was one of the inmates whom Benitez disliked, and Benitez routinely “roughed up” Randle's cell more than necessary for the sole purpose of intimidating Randle. Benitez also filed various false reports against Randle.

Melvin Johnson was another inmate housed at Green Haven in the Company, as he too necessitated protective custody. Johnson was also disliked by Benitez and the Guard Defendants. Though Randle bore no ill will toward Johnson, Benitez and Monzon would frequently make harassing comments to Randle, suggesting that Randle and Johnson disliked each other. These intimations culminated in December 2008, when Benitez approached Randle and stated that Johnson and Randle should fight each other. Benitez explained that, as was Benitez's practice, he would not report Randle, or otherwise discipline him, if he fought Johnson—so long as no weapons were used.

Benitez added that Randle should not be afraid to fight Johnson, as Johnson was a “bitch.” Benitez's assessment of Johnson as a “bitch” derived from Benitez's own interaction with Johnson, when Benitez himself had challenged Johnson to a fight, and Johnson had refused, or, in Benitez's words, had “bitched up.” Benitez added that if Randle fought Johnson in a secluded area in the back of the Company, he would not file misbehavior reports against either inmate. It was also well known throughout the Company that Benitez disliked Johnson, and Benitez told at least one other inmate that Benitez was “just waiting” for that inmate to fight Johnson.

Randle refused Benitez's offer to fight Johnson, and in response, Benitez threatened Randle, stating that if Benitez caught Randle fighting without his prior approval he would diffuse the fight with his “stick”—referring to his baton—and send someone “upstairs”—referring to the Special Housing Unit—“broken up,” meaning bruised and beaten. Randle understood this threat to mean that if Randle ever got into a fight without first seeking Benitez's approval, Benitez would beat him with his baton.

Monzon knew of Benitez's feelings towards Johnson, and that Benitez approved of inmates fighting each other within specified conditions as a general rule. Moreover, Monzon once suggested to Randle that there was tension between Randle and Johnson. However, Randle disagreed with this characterization.

In a further attempt to incite a fight between Randle and Johnson, Benitez next went to Randle's cell and told Randle that Johnson had written a letter to the prison administration falsely stating that Randle was keeping weapons within his cell. Randle went to Johnson's cell to discuss this issue with him, and the two engaged in a brief fistfight while inside Johnson's cell. Monzon, who was near Johnson's cell at the time, told Randle and Johnson to stop fighting, a request with which the two immediately complied. Monzon next ordered Randle to leave Johnson's cell, locked Johnson's cell, frisked Randle, and took Randle—without handcuffs or restraints—to the area in front of the Company known as the “A–1 mantrap.”

Monzon told Hanaman and Nelson that there had been a fight in the Company, and a few minutes later, Benitez brought Johnson—also without restraints—to the A–1 mantrap area. One of the officers proceeded to unlock the door to an open area in front of the mantrap known as the “CO Bubble,” and Randle and Johnson were ordered to step through the Company's entrance/exit door. Benitez also told Hanaman and Nelson to ensure that all of the other inmates within range were locked within their cells.

At this point, Benitez asked Johnson and Randle if they wished to finish their fight, stating that they had five minutes to “finish what y'all started.” The Guard Defendants, who were all present at the time, heard Benitez make this statement to Johnson and Randle. Randle refused, stating that the fight was over. Benitez, dissatisfied that Randle and Johnson would not continue their fight, took out his baton and tapped it on his hand, and reminded Randle of his prior warning about the consequences of getting into a fight without Benitez's prior approval. Benitez proceeded to tell Randle and Johnson that they had to “finish” the fight, while the Guard Defendants watched, and if they refused, Benitez would beat them with his baton and tell his supervisors that Randle and Johnson had received their injuries while fighting each other.

At this point, Hanaman and Nelson, who were inside the CO Bubble's control panel, made cat calls and side comments. Monzon, Hanaman, and Nelson together agreed that they too would corroborate Benitez's story to their supervisors, each stating their version of the planned statements to cover up Benitez's beating of Randle and Johnson.

In light of what Randle and Johnson perceived as Benitez's credible threat, Johnson attacked Randle, and the two began to fight as Benitez and the Guard Defendants watched and mocked the inmates. During the course of the fight, Johnson fell to the ground. Alexander arrived after Johnson fell, and remarked “why is this piece of shit laying out in my hallway?” In response to Alexander's query, the Guard Defendants told Alexander that a fight had started in Johnson's cell, to which Alexander replied “and it ended out here?” Benitez then stated, “basically.”

In the aftermath of the incident, both Randle and Johnson were taken to the clinic, where Randle was treated for a hand injury. Johnson died a few days later from his injuries. Following the fight, Benitez, Alexander, and the Guard Defendants wrote false reports concerning the fight, covering up its true circumstances. Randle was later visited by New York state police officers, and during the conversation Randle explained what had happened. The officers observed that there were shadows under the door, indicating someone was eavesdropping on their conversation, and then stated that Randle would need to be transferred for his own safety. Randle was later transferred to Upstate Correctional Facility, where he was subsequently threatened about the fact that he had filed grievances against Benitez, Alexander, and the Guard Defendants.

Randle has a documented history of serious mental illness, and his mental health deteriorated further in the wake of...