Stilton v. Adm'r Albino

DONALD STILTON, Plaintiff,

v.ADMINISTRATOR ALBINO, et al., Defendants.

Civil No. 10-757 (RMB)

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

Dated: November 23, 2010

NOT FOR PUBLICATION

OPINION

APPEARANCES:

DONALD STILTON, Plaintiff pro se

BUMB, District Judge

Plaintiff, Donald Stilton, a convicted state inmate confined at the Northern State Prison in Newark, New Jersey, at the time he submitted his Complaint for filing, seeks to bring this action in forma pauperis. Based on his affidavit of indigence, and absence of three strikes under 28 U.S.C. § 1915(g), the Court will grant plaintiff's application to proceed in forma pauperis ("IFP") pursuant to 28 U.S.C. § 1915(a) and (b), and order the Clerk of the Court to file the Complaint.

At this time, the Court must review the Complaint, pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and 1915A, to determine whether it should be dismissed as frivolous or malicious, for failure to state a claim upon which relief may be granted, or because it seeks monetary relief from a defendant who is immune from such relief. For the reasons set forth below, the Court concludes that the Complaint should proceed in part.

I. BACKGROUND

Plaintiff, Donald Stilton ("Stilton"), brings this civil action against the following defendants: Administrator Albino; Captain St. Hill; Lieutenant ("Lt.") Sheen; Assistant Administrator Warren; Lt. McCrae; Lt. Buzynski; Lt. Rossier; Sergeant ("Sgt.") Whilden; Sgt. Sharp-Hatcher; Sgt. Heaton; Sgt. Ericcson; Sgt. Bailey; Hearing Officer Ruggiero; Psychiatrist John Doe #1; Psychologist Jane Doe #1; Officer Shearburn at Bayside State Prison; Officer Santiago; Officer Louis; Officer Collier; Officer Whilden; Officer Buzunski; Officer Chance; Officer Pansa; Officer Bailey; Officer Karper; Officer Sutherland; and "such others who may be later identified." (Complaint, Caption). All named defendants are employed by the New Jersey Department of Corrections ("NJDOC") and work at either Bayside State Prison ("BSP") or Southern State Correctional Facility ("SSCF"). (Compl., Parties at ¶ II). The following factual allegations are taken from the Complaint, and are accepted for purposes of this screening only. The Court has made no findings as to the veracity of plaintiff's allegations.

Stilton first alleges that, on or about December 9, 2009, he was transferred to BSP with his personal property. Upon arrival, Stilton was placed in a holding cell and Officer Shearburn took plaintiff's property. Shearburn was aware that Stilton had been banned from BSP because of a previous assault on a supervisor, Lt. Dore, so Shearburn called a sergeant and two general assignment officers to have plaintiff placed in temporary close custody in detention. Shearburn purportedly told Stilton while he was in the holding cell that Stilton would never see his personal property again. (Compl., Section IV at ¶¶ 1-5).

Two days later, on December 11, 2009, Stilton was transferred to SSCF. His property could not be found and was not transported with plaintiff. Stilton filed an inmate remedy form against Shearburn with respect to his lost personal property. After a response indicating that his property was never received at BSP, Stilton filed a claim for lost property. (Compl., Section IV at ¶¶ 6-9).

Stilton pursued his lost property claim with the Department of Public Advocate, Inmate Ombudsman, and Commissioner George Hayman, to no avail. Stilton claims that the loss of his property resulted in the case of Stilton v. Miekie being dismissed. He also claims that the loss of his property prevented him from filing other cases. (Compl., Section IV at ¶¶ 10-14).

On January 19, 2010, Stilton was scheduled for a daily dressing change for recent surgery on his right arm. He arrived at the medical infirmary at 7:10 a.m. and was subjected to harassing comments and name-calling by defendant Officer Whilden. Stilton signed a medical refusal because of the harassment. He went to the infirmary the next day, January 20, 2010, for a dressing change, and again, Whilden started with the harassment. Whilden made plaintiff wait for more than an hour, allowing other inmates to go before Stilton. Whilden also was smoking a cigarette in the infirmary and blew smoke into plaintiff's face. Whilden began calling Stilton vulgar names. When Stilton tried to walk away, Whilden assaulted plaintiff by pushing him about the face and body. Stilton left to see a supervisor to make a complaint against Whilden. Stilton was directed by Sgt. Gabbon to return to the infirmary and a supervisor would meet him there. Stilton returned to the infirmary and waited but no one came to take his complaint. Stilton had to return to his unit at 10:00 a.m. for a "stand-up" count. (Id., ¶¶ 15-25).

Stilton filed a grievance against Whilden on January 20, 2010. Stilton was interviewed by Captain Hill and Lt. Rossier about the alleged incident, but he complains that no action was taken against Whilden. Stilton complains that Hill and Rossier covered up the incident because Whilden was planning to retire soon. (Id., ¶¶ 26-30).

On January 21, 2010, Stilton arrived at the infirmary for a 7:00 a.m. dressing change. Stilton told Officer Whilden and Officer Collier that he had a 9:00 a.m. appointment in the academic building. However, plaintiff sat for almost two hours while Whilden allowed other inmates to see the nurse and continued to make harassing statements to Stilton. Stilton asked Collier if he could sign a medical refusal and have his I.D. card returned so he could leave for his 9:00 a.m. appointment, but was refused. Then Officer Whilden began yelling at plaintiff and made all the inmates in the infirmary leave, while he called a supervisor, Sgt. Whilden, ¹ to come and take plaintiff's complaint. (Id., ¶¶ 31-34).

Sgt. Whilden arrived at the infirmary while plaintiff was sitting on a bench. Stilton explained to the sergeant what had occurred. Both Sgt. Whilden and Officer Whilden stepped out for a moment, and when they returned, they placed Stilton in handcuffs and led him off to disciplinary detention. On January 22, 2010, Stilton was served with a disciplinary report, charging him with the following disciplinary infractions: (1) refusing a direct order, and (2) conduct which disrupts the orderly running of the institution. Stilton alleges that these charges are false. (Id., ¶¶ 35-42).

Stilton pled not guilty to the charges. He admits that he received a disciplinary hearing, an inmate representative and an opportunity to confront the witnesses against him. He states that he had prepared questions, which the hearing officer asked the witnesses. Stilton also alleges that the hearing officer, Ruggiero, told plaintiff to plead guilty and he would impose lesser sanctions. Stilton refused to plead guilty, and contends that Sgt. Whilden gave conflicting testimony that showed that plaintiff was not guilty of the disciplinary charges. Ruggiero told plaintiff to write a summary of the evidence. Nevertheless, Ruggiero found plaintiff guilty of the disciplinary charges and sanctioned plaintiff to 30 days disciplinary detention, 30 days loss of recreation privileges, 365 days of administrative segregation, and 210 days loss of commutation time. Stilton admits that Ruggiero found Sgt. Whilden's testimony not credible, but Ruggiero still found that there was sufficient evidence to show that plaintiff was guilty of the disciplinary charges. Stilton filed an administrative appeal on February 11, 2010, and sought a re-investigation of the incident. (Id., ¶¶ 43-59).

Stilton further alleges that Administrator Albino and Assistant Administrator Warren had an opportunity to review the appeal but denied same, upholding Ruggiero's findings and sanctions imposed. Stilton claims that denial of his administrative appeal protects Whilden and deprives plaintiff of his constitutional rights. (Id., ¶¶ 60-62).

Stilton next alleges that, on January 23, 2010, he was handcuffed behind his back and maced for no reason by Lt. Sheen. Sgt. Ericcson then proceeded to punch plaintiff about his face and body, and kick him in his right leg, causing a laceration on his calf. Ericcson then threatened plaintiff to keep quiet or Ericcson would come back and have plaintiff beaten badly. Stilton states that he requested medical attention for his injuries from this incident, but was denied. He says that he remained in the infirmary, almost naked, from January 23, 2010 to January 27, 2010. (Id., ¶¶ 63-68).

Stilton also alleges that for five days from January 22, 2010 to January 27, 2010, he had no mattress, sheets or blankets in a cold, unsanitary cell. He also was left in his underclothes, and was denied showers, hygiene supplies, and toilet paper. Several officers did provide plaintiff with these items he was entitled to on January 26, 2010. (Id., ¶¶ 69-70).

Stilton claims that he was denied his legal papers and Bible from his personal property while he was in detention from January 21, 2010 through February 1, 2010. He states that without his legal documents, he was prejudiced in his pending court cases in violation of his right to access the courts. Stilton also complains that he did not have access to his word processor when he was placed in detention on January 21, 2010. (Id., ¶¶ 71-82).

Stilton states that he had written numerous letters to Administrator Albino, Captain St. Hill and Sgt. Heaton, complaining about all of the above referenced grievances, but has not received any response or action from these officials to redress the alleged misconduct and violations. (Id., ¶¶ 83-88).

Stilton asserts that the above actions and misconduct by all of the named defendants violate his First, Sixth, Eighth and Fourteenth Amendment rights. He seeks an unspecified amount of punitive and compensatory damages against defendants, as well as preliminary and permanent injunctive relief prohibiting defendants from harming him. Stilton also seeks criminal prosecution against these defendants for violating...