B. Braxton/Obed-Edom v. City of New York

368 F. Supp. 3d 729
CourtDistrict Court, S.D. Illinois
DecidedMarch 15, 2019
Docket17 Civ. 199 (GBD)(SDA)
StatusPublished
Cited by10 cases

This text of 368 F. Supp. 3d 729 (B. Braxton/Obed-Edom v. City of New York) is published on Counsel Stack Legal Research, covering District Court, S.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
B. Braxton/Obed-Edom v. City of New York, 368 F. Supp. 3d 729 (S.D. Ill. 2019).

Opinion

GEORGE B. DANIELS, United States District Judge

Plaintiff B. Braxton/Obed-Edom, pro se , is a member of the Lesbian Gay Bisexual Transgender ("LGBT") community. Plaintiff brings this action pursuant to 42 U.S.C. § 1983, as well as the Eighth and Fourteenth Amendments of the United States Constitution, alleging that Defendants failed to protect Plaintiff from assault and harassment by male inmates while Plaintiff was a pretrial detainee at the Manhattan Detention Center ("MDC"). (See generally First Am. Compl. ("FAC"), ECF No. 29.) Defendants moves for judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c). (ECF No. 76.) Before this Court is Magistrate Judge Stewart D. Aaron's December 20, 2018 Report and Recommendation, recommending that this Court grant in part and deny in part the motion by: (1) granting Defendants' motion to dismiss all claims against Defendants Martinez, Chai, and Glover, but denying Defendants' motion to dismiss the claims against Defendants Ponte, Moses, and King; (2) denying Defendants' motion as to the qualified immunity defense; (3) denying Defendant's motion to dismiss the § 1983 claim against the City; (4) granting Defendants' motion to dismiss Plaintiff's equal protection claim; and (5) granting Defendants' motion to dismiss Plaintiff's negligence claims against the City and County. (Report and Recommendation ("Report"), ECF No. 102, at 27.) This Court ADOPTS Magistrate Judge Aaron's Report.

I. FACTUAL BACKGROUND 1

Plaintiff identifies as a "gender non-conforming bi-sexual gay male[.]" (Id. at 2 *735(quoting FAC at 6) (internal quotation marks omitted).) Plaintiff was a pre-trial detainee at MDC from November 2015 through April 2016. (See id. ) On November 20, 2015, Plaintiff called 311 to express concern about Plaintiff's housing situation because of Plaintiff's LGBT status. (Id. (quoting FAC at 7; see also PL's Mem. of Law in Opp'n to Def.'s Mot. to Dismiss ("Opp'n"), ECF No. 90, Ex. T at 91) (internal quotation marks omitted).) A 311 representative emailed "the Prisoner's Rights Project at The Legal Aid Society" about the call, where Dale Wilker is a staff attorney. (Report at 2 (internal quotation marks omitted).) Wilker emailed the "Constituent Services" staff at the Board of Corrections ("BOC") and individual members of the BOC, including Defendants Martha King, Felix Martinez, Park Chai, and Tonya Glover. (Report at 2 (quoting FAC at 7; Opp'n, Ex. T at 91).) Someone responded on November 24, 2015, stating that Plaintiff had completed an application for the Transgender Housing Unit ("THU"), which was under review. (See id. at 2-3 (citing Opp'n, Ex. T at 91.)

Following this exchange, Plaintiff details more than ten written communications-including letters, emails, and grievances-that Plaintiff sent over a five-month period to Defendants Ponte, Moses, and King directly, discussing the threats and abuse that Plaintiff feared (and eventually experienced) while awaiting transfer to protective housing.2 (See id. at 3-7.) Simultaneously with these communications, Plaintiff again called 311 to report certain grievances. Wilker then sent more emails to Defendants King, Chai, Glover, Martinez, and others, urging them to place Plaintiff in some form of protective housing. (See id. at 3-5.) Despite Plaintiff's complaints, Plaintiff's THU application was denied on January 13, 2016, and Plaintiff was never transferred to protective housing.3

II. LEGAL STANDARDS

A. Report and Recommendations.

A court "may accept, reject, or modify, in whole or in part, the findings or recommendations" set forth in a magistrate judge's report. 28 U.S.C. § 636(b)(1)(C). The court must review de novo the portions of a magistrate judge's report to which a party properly objects. Id. Portions of a magistrate judge's report to which no or "merely perfunctory" objections are made are reviewed for clear error. See Edwards v. Fischer , 414 F.Supp.2d 342, 346-47 (S.D.N.Y. 2006) (citation omitted). Clear error is present only when "upon review of the entire record, [the court is] left with the definite and firm conviction that a mistake has been committed." United States v. Snow , 462 F.3d 55, 72 (2d Cir. 2006) (internal quotation marks and citation omitted).

The parties did not file written objections. (See Report at 27.) Accordingly, this Court reviews the Report for clear error.

B. Rule 12(c) Judgment on the Pleadings Standard.

A party may move for judgment on the pleadings "[a]fter the pleadings are *736closed-but early enough not to delay trial[.]" Fed. R. Civ. P. 12(c). "Judgment on the pleadings is appropriate if, from the pleadings, the moving party is entitled to judgment as a matter of law." Burns Int'l Sec. Serv's, Inc. v. Int'l Union, United Plant Guard Workers , 47 F.3d 14, 16 (2d Cir. 1995). The standard for addressing a motion for judgment on the pleadings pursuant to Rule 12(c) is the same as the standard used in evaluating a motion to dismiss under Rule 12(b)(6). See, e.g., L-7 Designs, Inc. v. Old Navy, LLC , 647 F.3d 419, 429 (2d Cir. 2011) ;

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Bluebook (online)
368 F. Supp. 3d 729, Counsel Stack Legal Research, https://law.counselstack.com/opinion/b-braxtonobed-edom-v-city-of-new-york-ilsd-2019.