Randolph v. Griffin

LEONARD RANDOLPH, Plaintiff, v. THOMAS R. GRIFFIN, THOMAS E. HANNAH, MICHAEL V. ROBYCK, JAMIE M. ROBINSON,DONALD C. McINTOSH, WILLIAM F. SKELLY, JEREMY M. CLEMENT, and JAMES GILBERT, Defendants.

12-CV-745S

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK

January 22, 2019

DECISION AND ORDER

I. INTRODUCTION

In this action, Plaintiff Leonard Randolph alleges that various defendants, all of whom are employees of the New York Department of Corrections and Community Supervision ("DOCCS"), violated his constitutional rights by using excessive force against him, failing to intervene and protect him against the use of excessive force, denying him adequate medical care, and prohibiting him from freely exercising his religion. He brings these five First and Eighth Amendment claims under 42 U.S.C. § 1983.

Presently before this Court is Defendants' motion for summary judgment, which Randolph opposes. (Docket No. 97.) The motion is fully briefed and oral argument is unnecessary. (Docket Nos. 97, 105, 108, 121-3, 124, 125.) For the following reasons, Defendants' motion is granted in its entirety.

II. BACKGROUND

A. Facts

At all times relevant, Randolph was an inmate at the Southport Correctional Facility under the care and custody of DOCCS, having arrived there on December 20, 2011.¹ (Defendants' Statement of Undisputed Facts ("Defendants' Statement"), Docket No. 97-2, ¶ 33; Deposition of Leonard Randolph ("Randolph Dep."), Docket No. 105-2, p. 14.²) Defendant Thomas R. Griffin was the superintendent of Southport. (Declaration of Thomas Griffin ("Griffin Decl."), Docket No. 97-5, ¶ 2.) Defendant Jeremy M. Clement was a registered nurse at Southport. (Defendants' Statement, ¶ 82.) Defendants Thomas E. Hannah, Michael V. Robyck, Jamie M. Robinson, Donald C. McIntosh, William F. Skelly, and James Gilbert were all corrections officers at Southport. (Declaration of Thomas E. Hannah ("Hannah Decl."), Docket No. 97-7, ¶¶ 1, 2; Defendants' Statement, ¶ 25; Declaration of William F. Skelly ("Skelly Decl."), Docket No. 97-9, ¶¶ 1, 2; Declaration of Donald C. McIntosh ("McIntosh Decl."), Docket No. 97-8, ¶¶ 1, 2.)

1. Yarmulke Incident

Randolph has been a practicing member of the Jewish faith since 2008. (Randolph Dep., p. 22.) On December 28, 2011, Randolph left his cell on A-block to participate in recreation. (Id. pp. 16, 21.) He was wearing both his yarmulke and a winter hat. (Id. p. 21.) On the way to the recreation yard, Defendant Gilbert stopped Randolph and told him that he could not wear both his yarmulke and his winter hat. (Id.) Randolph relayed his understanding that he could wear both at the same time and asked Gilbert what directive he was violating. (Id.) Gilbert told Randolph that he would check the directive and then allowed him to proceed to recreation wearing both his yarmulkeand winter hat. (Id.)

When Randolph returned from recreation, Defendant Gilbert told him that he could wear either his yarmulke or winter hat, but not both. (Id.) Randolph again voiced his disagreement and reiterated his understanding that he could wear both together. (Id. p. 22.) Randolph continued to challenge Gilbert after he was locked back into his cell, and he requested the names of the other officers who were present. (Id.) According to Randolph, Gilbert became upset and told him that he would flush both his yarmulke and his winter hat down the toilet if he continued to ask questions about the policy or the other officers. (Id.) Randolph reported this threat to Deputy Superintendent of Security Sheehan,³ who said that he would look into it. (Id. pp. 23, 24.)

Later that day, Randolph was directed to "pack up." (Id. p. 20.) Before he did so, Gilbert returned to Randolph's cell and asked for his yarmulke. (Id. p. 23.) Randolph's yarmulke was state-issued and had been given to him by the rabbi. (Id. p. 24.) Randolph gave Gilbert his yarmulke as directed and never saw it again. (Id. pp. 23, 24.) Randolph did not receive another yarmulke until "several months thereafter," when an "associate" of the Jewish faith gave him one.⁴ (Id. p. 22.)

At his deposition, Randolph acknowledged that he had received and reviewed the Southport manual upon his arrival at Southport. (Id.) He further acknowledged that he was familiar with the provision that "[n]o extra and/or double clothing items will be worn" during recreation, which Defendant Griffin explained is a security measure employed toreduce an inmate's ability to transport contraband. (Id. p. 26; Southport Manual Excerpt, Docket No. 97-3, p. 64; Griffin Decl., ¶ 8.) Randolph testified, however, that in his view, wearing a yarmulke was not "double clothing" because a yarmulke is a religious head-covering, not an article of clothing. (Randolph Dep., pp. 26-27.)

Before this incident, Randolph never had a problem with Defendant Gilbert; Gilbert had never written him up or threatened him. (Id. p. 22.) Although Randolph sent a letter to Deputy Superintendent Sheehan complaining about this incident, he did not file a grievance. (Id. pp. 28-30.)

For his part, Defendant Gilbert has no recollection of this event and could not confirm or deny whether it ever occurred. (Deposition of James Gilbert ("Gilbert Dep."), Docket No. 105-2, pp. 253-254, 271.)

2. Use-of-Force Incident

It is undisputed that a use-of-force incident occurred on January 17, 2012, but the parties' versions of that incident differ.

a. Plaintiff's Version

Randolph maintains that Defendants Robyck, Robinson, McIntosh, Skelly, and Gilbert assaulted him on January 17, 2012, while taking him to recreation. (Randolph Dep., pp. 30-31, 70.) Defendants Robyck, Robinson, and Gilbert arrived at Randolph's cell on A-block and directed him to place his hands through the feeder port to be handcuffed. (Id. p. 31.) They then directed him to face away from the cell door as they entered. (Id.) Randolph complied with these directives and stood handcuffed andfacing away as the cell door opened.⁵ (Id.)

Immediately upon the cell door opening, Defendant Robyck grabbed Randolph, pushed him halfway into the cell, and punched him in the jaw. (Id. pp. 31-32, 108.) Robinson then entered and Randolph was thrown onto the bed. (Id. p. 32.) Someone kicked Randolph—perhaps Robinson—and Defendant Gilbert was now in the cell holding Randolph's leg. (Id. pp. 32, 111-112.) Randolph tried to get under the bed to escape the defendants, who were punching him on both sides of his face with what he believed were closed fists. (Id. pp. 32, 34, 44-45.) One of the officers hit Randolph on the left side of his face with a baton. (Id. pp. 32, 33.) Randolph was also hit in the right lower back with a baton, and Defendant Gilbert was "rolling" a baton over the inside of his ankle.⁶ (Id. pp. 34-36.)

As Randolph was struggling to work himself under the bed, he heard Defendant Gilbert call him a "fucking scumbag" and direct the other defendants to turn him over. (Id. pp. 32, 36, 70.) Randolph continued to struggle as the defendants flipped him over and continued punching him. (Id. p. 33.) After several more punches and kicks, some from Defendants McIntosh and Skelly who had arrived on the scene, Randolph heard Defendant Hannah say "that's enough." (Id. pp. 33, 37, 70-73, 112-113.) The defendants then rolled Randolph over and put him in leg irons. (Id. p. 33.)

Once Randolph was secured in the leg irons, the defendants took him to the showers, where they again punched him several times. (Id. pp. 33, 41-42.) Randolph saw Defendant Hannah hit him but is unsure which of the other defendants also hit him. (Id. pp. 42-43.) During this encounter, Defendant Griffin walked by on a tour of A-block, and Randolph called out to him. (Id. pp. 45, 115-117.) Griffin stopped to briefly consult with Hannah, but then left the area without acknowledging Randolph. (Id. pp. 45-46, 112.)

After Defendant Griffin left A-block, Randolph was moved to a different part of the block to be medically evaluated. (Id. pp. 46-47.) Randolph's outer clothing was removed so that Defendant Clement could examine him and photographs could be taken of his injuries. (Id. pp. 46-47, 51.) Randolph told Clement that the left side of his face hurt and was swollen. (Id. p. 47.) He also told Clement that his leg, back, and ankles were "bothering" him. (Id. p. 48.) Randolph asked to see a doctor or be given medication for the swelling, but neither request was granted. (Id.) Other than initially examining Randolph, Clement provided no treatment or medication at the scene. (Id. p. 48, 49.)

Randolph testified that he did not receive medical treatment for his injuries until the day after the incident, when he put in for a sick call. (Id. p. 48.) At that time, his face, back, and ankle were swollen, and his ankle had dark red bruises on it. (Id. pp. 35, 48.) The day after that—January 19, 2012—Randolph was examined again, and then eventually given Flexeril for pain on January 24, 2012. (Id. pp. 49, 55.)

Randolph testified that he had never had a problem with Defendants Robyck orRobinson, and other than the December 28, 2011 incident involving his yarmulke, had never had a problem with Defendant Gilbert. (Id. pp. 37-38.)

b. Defendants' Version

Defendants Robyck and Robinson went to Randolph's cell on January 17, 2012, to take him for recreation. (Deposition of Michael Robyck ("Robyck Dep."), Docket No. 105-2, p. 307; Deposition of Jamie Robinson ("Robinson Dep."), pp. 351-352.) Robyck applied Randolph's handcuffs and Robinson applied a waist restraint. (Robyck Dep., pp. 307-308; Robinson Dep., p. 352.) Robyck had no difficulty applying the handcuffs, but after Randolph's cell door was opened and the two officers entered for Robinson to apply the waist restraint, Randolph moved aggressively toward Robinson and tried to hit him in the left side of his face with his cuffed hands. (Robyck Dep., p. 308; Robinson Dep., pp. 352-353.)

In response, Defendants Robyck and Robinson used force to subdue Randolph. (Robyck Dep., p. 309; Robinson Dep., p. 354...