Velez-Shade v. Population Mgmt.

ORLANDO VELEZ-SHADE, JR., Plaintiff, v. POPULATION MANAGEMENT, ET AL., Defendants.

CIVIL CASE NO. 3:18cv1784(JCH)

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

SEPTEMBER 24, 2019

INITIAL REVIEW ORDER

The plaintiff, Orlando Velez-Shade, Jr. ("Velez-Shade"), is currently incarcerated at MacDougall-Walker Correctional Institution ("MacDougall-Walker"). He initiated this action by filing a civil rights complaint against Population Management, Director of Security Antonio Santiago, Security Risk Group ("SRG") Coordinator John Aldi, District Administrator Quiros, Warden Rodrigues, Captain Lizon, Lieutenant Alexander, Hearing Officer Prior, Correctional Officers Betances, Clark, Richards and Rodriguez and Mailroom Officer DeJesus.

Velez-Shade subsequently sought leave to amend his Complaint to add new allegations against Director Santiago. On February 5, 2019, the court granted Velez-Shade thirty days to file an amended complaint. Velez-Shade chose not to file an amended complaint within the time specified. For the reasons set forth below, the Complaint is dismissed in part.

I. STANDARD OF REVIEW

Pursuant to section 1915A(b) of title 28 of the United States Code, the court must review prisoner civil complaints against governmental actors and dismiss any portion of a complaint that is "frivolous, malicious, or fails to state a claim upon which relief may be granted," or that "seeks monetary relief from a defendant who is immune from such relief." 28 U.S.C. § 1915A(b). This standard of review "appl[ies] to all civil complaints brought by prisoners against governmental officials or entities regardless of whether the prisoner has paid [a] filing fee." Shakur v. Selsky, 391 F.3d 106, 112 (2d Cir. 2004) (internal quotation marks and citation omitted).

Rule 8 of the Federal Rules of Civil Procedure requires that a complaint contain "a short and plain statement of the claim showing that the pleader is entitled to relief." Fed. R. Civ. P. 8(a)(2). Although detailed allegations are not required, "a complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face. A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (internal quotation marks and citations omitted). A complaint that includes only "'labels and conclusions,' 'a formulaic recitation of the elements of a cause of action' or 'naked assertion[s]' devoid of 'further factual enhancement,'" does not meet the facial plausibility standard. Id. (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555, 557 (2007)). Although courts still have an obligation to interpret "a pro se complaint liberally," a complaint must still include sufficient factual allegations to meet the standard of facial plausibility. See Harris v. Mills, 572 F.3d 66, 72 (2d Cir. 2009) (citations omitted).

II. FACTS

On June 16, 2018, Velez-Shade was housed in Building 4 at Carl Robinson Correctional Institution. See Complaint ("Compl.") (Doc. No. 1) at 6 ¶ 1.¹ As Velez-Shade walked to the dining hall, he became involved in a physical altercation with two other inmates. See id. at 13. Correctional Officer Richards was present during the altercation but waited almost two minutes to intervene. See id. at 6 ¶ 3. Other correctional officers arrived at the scene, detained Velez-Shade, and escorted him to the restrictive housing unit ("RHU"). See id. at 7 ¶ 4. Velez-Shade remained in the RHU until June 22, 2018. Id. at 7 ¶ 5. On that date, Velez-Shade completed serving his sanction of seven days of confinement in punitive segregation and received other sanctions. See id. at 7 ¶ 5.

Before Velez-Shade was released from the RHU, Lieutenant Alexander issued him a disciplinary report for security risk group affiliation. See id. at 7 ¶ 6. The disciplinary report accused Velez-Shade of having been involved in a four-on-one altercation and included an unsupported allegation that the Department of Correction had "tracked [Velez-Shade] for an extended period of time . . . as an active Crip member." See id. at 13. Correctional Officers Clark and Betances investigated the disciplinary report. See id. at 7 ¶ 8.

On June 26, 2018, Velez-Shade appeared at a hearing with his advocate, Correctional Officer Rodriguez. See id. at 7 ¶ 9. Correctional Officers Clark and Betances were present at the hearing, and Officer Clark presented information pertaining to the investigation of the disciplinary charge. See id. at 7-8 ¶¶ 10-11. Lieutenant Prior refused to permit Velez-Shade to present his views either orally or in writing and would not let Velez-Shade review the source of information statement that was the basis of the issuance of the disciplinary report. See id. at 8 ¶¶ 12, 15-16. Lieutenant Prior stated that Velez-Shade was acting as a gang member because hehad participated in the altercation with other inmates on June 16, 2018. See id. at 8 ¶ 17. Lieutenant Prior found Velez-Shade guilty of being affiliated with a security risk group and designated him as a security risk group member. See id. at 9 ¶ 21.

From June 16, 2018, to June 29, 2018, Velez-Shade was confined in the restrictive housing unit at Carl Robinson. See id. at 9 ¶ 23. He was not permitted to participate in outside recreation and his cell was illuminated by a bright light every day and night. See id. at 9 ¶¶ 23-25. He was unable to get enough sleep which caused him to experience "crucial symptoms of [his] P.T.S.D. as well as his bipolar one." See id. at 9 ¶ 25. He lost weight and muscle mass during his confinement in the restrictive housing unit because he could not exercise regularly. See id. at 9 ¶ 26.

On June 29, 2018, prison officials transferred Velez-Shade to Northern Correctional Institution ("Northern") to be placed in the security risk group program. See id. at 9 ¶ 27. Mental health officials did not clear Velez-Shade for placement at Northern, and the Security Risk Group Review Committee did not review him for phase placement prior to his transfer. See id. at 9-10 ¶ 27-29.

On July 1, 2018, Velez-Shade appealed Lieutenant Prior's finding of guilt as to charge of security risk group affiliation. See id. at 10 ¶ 32. On August 1, 2018, District Administrator Quiros denied the appeal and found no reason to modify the decision of the hearing officer. See id. at 10 ¶ 35.

On August 3, 2018, Director of Security Santiago informed Velez-Shade that there were no documents responsive to his Freedom of Information Act request pertaining to the decision to designate him as an affiliated security risk group member.See id. at 10 ¶ 38. On October 5, 2018, Director Santiago informed Velez-Shade that he would remain in the security risk group program. See id.

On August 8, 2018, Velez-Shade sent a letter to his aunt indicating that his due process rights had been violated and requested that she get him legal assistance. See id. at 11 ¶ 39. Officials at Northern censored Velez-Shade's outgoing mail without notification. See id. at 11 ¶ 40.

During his confinement at Northern, prison officials strip-searched Velez-Shade every time he left his cell and required him to wear handcuffs behind his back during recreation. See id. at 11 ¶ 1. Velez-Shade could not exercise in restraints and the restraints caused pain in his shoulders. See id. at 11 ¶¶ 2-3. Captain Lizon and Warden Rodrigues required Velez-Shade to exercise outdoors during inclement weather. See id. at 16. Velez-Shade was bitten by insects during recreation because he could not swat them away. See id. at 11 ¶ 6. When it was raining, Velez-Shade became soaking wet and caught a cold. See id. at 12 ¶ 7.

Prison officials required Velez-Shade to wear handcuffs, leg irons, and a belly chain connecting the handcuffs and leg irons when he made telephone calls to his family members. See id. at 12 ¶ 9. The restraints forced him to crouch down in an uncomfortable and painful position during his thirty-minute telephone calls. See id. at 12 ¶¶ 10-12.

Between October 8 and 10, 2018, Velez-Shade was confined in a cell with a toilet that was backed up with urine and fecal matter from the cell next door. See id. at 12 ¶ 13. Captain Lizon and Warden Rodrigues required him to remain in the cell for forty hours before moving him to a new cell. See id. at 12 ¶¶ 13-14; id. at 16-17.

III. DISCUSSION

Velez-Shade claims that the defendants violated his rights under the First, Fifth, Eighth, and Fourteenth Amendments to the United States Constitution and his rights under Article First, sections '4, 5, 8, 9, and 20 of the Connecticut Constitution. He sues the defendants in both their individual and official capacities.

A. Population Management and SRG Coordinator Aldi

Velez-Shade has named "Population Management" and SRG Director Aldi as defendants, but asserts no factual allegations against either defendant. The State of Connecticut Department of Correction website describes "Offender Classification and Population Management" as a "unit" that "coordinates overall offender classification efforts and is responsible for the assignment of offender movement throughout the entire infrastructure of the Department." See Connecticut State Department of Correction, Offender Classification and Population Management, available at https://portal.ct.gov/DOC/Org/Offender-Classification-and-Population-Management. Velez-Shade does not otherwise refer to the Offender Classification and Population Management unit other than in the caption and description of parties. Thus, he has not alleged that the Offender Classification and Population Management unit has violated his federally or constitutionally protected rights. Furthermore, a unit within the Department of Correction is not a person subject to liability under section 1983. See Torres v. UConn Health, No. 3:17-CV-00325 (SRU), 2017 WL 3737945, at *1 (D. Conn. Aug. 29,...