Cruz v. Fischer

175 F. Supp. 3d 33, 2016 U.S. Dist. LEXIS 46673, 2016 WL 1375836
CourtDistrict Court, W.D. New York
DecidedMarch 30, 2016
Docket6:13-CV-6131 EAW
StatusPublished
Cited by1 cases

This text of 175 F. Supp. 3d 33 (Cruz v. Fischer) is published on Counsel Stack Legal Research, covering District Court, W.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cruz v. Fischer, 175 F. Supp. 3d 33, 2016 U.S. Dist. LEXIS 46673, 2016 WL 1375836 (W.D.N.Y. 2016).

Opinion

DECISION AND ORDER

ELIZABETH A. WOLFORD, United States District Judge

INTRODUCTION

Pro se Plaintiff, an inmate at Southport Correctional Facility (“SCF”), brought this action against the State of New York and Department of Corrections and Community Supervision (“DOCCS”) officials pursu[35]*35ant to 42 U.S.C. § 1988, alleging violations of the Eighth Amendment and New York State law. (Dkt. 1). On June 6, 2014, the Court granted in part and denied in part Defendants’ motion to dismiss Plaintiffs complaint, and dismissed Plaintiffs claims against the State of New York and defendant Brian Fischer in his official capacity, and Plaintiffs claims for assault and battery and for negligent hiring, training, and retention. (Dkt. 28). Presently before the Court is Defendants’ motion for summary judgment, filed on April 17, 2015, seeking dismissal of Plaintiffs remaining claims. (Dkt. 77). For the following reasons, Defendants’ motion is granted.

BACKGROUND

Plaintiff alleges that, on September 17, 2011, he was housed in the Special Housing Unit (“SHU”) at SCF. (Dkt. 1 at ¶¶ 1, 19-20), At approximately 7:40 a.m. on that day, Plaintiff was preparing for recreation in B-block and had mechanical restraints applied to his wrists. (Id. at ¶ 20; see also Dkt 77-4 at 41:4-8). After Plaintiff was handcuffed and shackled, Correction Officer S. Waters (“Officer Waters”) allegedly “forcefully struck” Plaintiff in the head from behind, causing Plaintiff to collapse to the ground. (Dkt. I at ¶ 21; see also Dkt. 77-4 at 41:8-11). While Plaintiff was lying on the ground, Officer Waters and Corrections Officer C. Clark (“Officer Clark”) allegedly kicked Plaintiff in the ribs, face, head, back, legs, arms and torso. (Dkt. 1 at ¶ 21; see also Dkt. 77-4 at 41:11-43:2).

Plaintiff testified that other officers came to his cell and began assaulting him with batons, and that a sergeant videotaped the assault. (Dkt. 77-4 at 41:11-12, 15-18). Following the assault, Plaintiff testified that the officers pulled him “like a dog” and threw him into the inmate showers. (Id. at 42:9-12). Plaintiff testified that the officers took him “out to the front” because he was unable to stand on his own and took photos of him and cut off his clothes. (Id. at 42:19^13:4).

Plaintiff alleges that he vomited threé times during an “examination” after the beating and suffered visible injuries to his head, face, and back. (Dkt. 1 at ¶ 22; see also Dkt. 77-4 at 50:6-9). Plaintiff was transferred via ambulance to Arnot Ogden Medical Emergency where he was diagnosed with a facial contusion, head injury, bruised ribs, facial swelling, and abrasions and bruises on his back, head, and body. (Dkt. 1 at ¶ 22; see also Dkt. 77-4 at 52:24-53:1). Plaintiff alleges that he continues to suffer physical and emotional injuries as a result of the assault. (Id. at ¶ 23; see also Dkt. 77-4 at 50:6-9 (Plaintiff suffered from mental health issues and broken ribs as a result of the September 17, 2011 attack)). Following the incident, Plaintiff received a misbehavior report, and was found guilty of all charges at the disciplinary hearing, (Id. at 55:23-56:5).

Plaintiff alleges that prior to the September 17, 2011 incident, he sent letters to the supervisory defendants informing them of his concerns regarding Officer Waters and “Officer Roberts,” and the history of violence perpetrated against inmates by corrections officers. (Dkt. 1 at ¶ 18; Dkt. 77-4 at 63:4-9, 20-25). Plaintiff testified that he wrote to the supervisory defendants informing them that “the abuse that they had with other inmates, assaulting them, killing inmates and telling family members that the inmate died by himself in his cell.” (Dkt. 77-4 at 63:15-19). Plaintiff maintains that the supervisory defendants did not “do their job” and, as a result, he was assaulted and injured. (Id. at 64:19-21).

PROCEDURAL HISTORY

Plaintiff filed his complaint on January 28, 2013, alleging violations against the State of New York; former Commissioner [36]*36of the New York State DOCCS, Brian Fischer, in his individual and official capacity; former Superintendent of SCF, Thomas Griffin, in his individual capacity; former Deputy Superintendent of Security at SCF, M. Sheahan, in his individual capacity; Officer Waters, in his individual capacity; and Officer Clark, in his individual capacity. (Id. at ¶¶ 9-14).1

.Defendants filed a motion to dismiss the complaint in part on December 3, 2013. (Dkt. 14). The case was transferred to the undersigned on February 18, 2014. (Dkt. 26). On June 6, 2014, the Court granted in part and denied in part Defendants’ motion to dismiss. (Dkt. 28). The Court dismissed Plaintiffs claims against the State of New York and Brian Fischer in his official capacity, and Plaintiffs claims for assault and battery and for negligent hiring, training, and retention. The case was referred to the Honorable Johnathan W. Feldman, United States Magistrate Judge, for discovery, on June 9, 2014 (Dkt. 29), who set a dispositive motion deadline of April 17, 2015 (Dkt. 43). On April 17, 2015, Defendants filed a motion for summary judgment to dismiss Plaintiffs remaining causes of action for excessive use of force against Officers Waters and Clark and Plaintiffs claims against the supervisory defendants Fischer, Griffin, and Sheahan. (Dkt. 77). In support of them motion, Defendants submit an affidavit from Jeffrey Hale, the assistant director of the inmate grievance program, and attached exhibits (Dkt. 77-3), and Plaintiffs deposition transcript and exhibits from the deposition (Dkt. 77-4). Plaintiff responded to the motion on May 18, 2015 (Dkt. 81), and Defendants replied on June 2, 2015 (Dkt. 82).

DISCUSSION

I. Legal Standard

Rule 56 of the Federal Rules of Civil Procedure provides that summary judgment should be granted if the moving party establishes “that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a). The Court should grant summary judgment if, after considering the evidence in the fight most favorable to the nonmoving party, the court finds that no rational jury could find in favor of that party. Scott v. Harris, 550 U.S. 372, 380, 127 S.Ct. 1769, 167 L.Ed.2d 686 (2007) (citing Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586-87, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986)). Once the moving party has met its burden, the opposing party “ ‘must do more than simply show that there is some metaphysical doubt as to the material facts.... [T]he nonmoving party must come forward with specific facts showing that there is a genuine issue for trial.’ Caldarola v. Calabrese, 298 F.3d 156, 160 (2d Cir.2002) (quoting

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Bluebook (online)
175 F. Supp. 3d 33, 2016 U.S. Dist. LEXIS 46673, 2016 WL 1375836, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cruz-v-fischer-nywd-2016.