FALLICA v. LIBERTY

CourtDistrict Court, D. Maine
DecidedMay 13, 2025
Docket1:25-cv-00061
StatusUnknown

This text of FALLICA v. LIBERTY (FALLICA v. LIBERTY) is published on Counsel Stack Legal Research, covering District Court, D. Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
FALLICA v. LIBERTY, (D. Me. 2025).

Opinion

UNITED STATES DISTRICT COURT DISTRICT OF MAINE JACOB FALLICA, ) ) Plaintiff ) ) v. ) 1:25-cv-00061-SDN ) RANDALL LIBERTY et al., ) ) Defendants ) RECOMMENDED DECISION AFTER REVIEW OF PLAINTIFF’S COMPLAINT Plaintiff, who is in custody at Maine State Prison, filed a complaint against several prison officials.1 (Complaint, ECF No. 1.) In addition to his complaint, Plaintiff filed an application to proceed without prepayment of fees (ECF No. 3), which application the Court granted. (Order, ECF No. 6.) In accordance with the statute that governs actions where a plaintiff proceeds without prepayment of fees, a preliminary review of Plaintiff’s complaint is appropriate. 28 U.S.C. § 1915(e)(2). Additionally, Plaintiff’s complaint is subject to screening “before docketing, if feasible or … as soon as practicable after docketing,” because he is “a prisoner seek[ing] redress from a governmental entity or officer or employee of a governmental entity.” 28 U.S.C. § 1915A(a).

1 The defendants include Commissioner Randall Liberty, Warden John Thayer, Assistant Warden Stewart. John Doe, Dean Leonard, Sergeant Gray, and CO Hoskins. After a review of Plaintiff’s complaint, I recommend the Court allow Plaintiff to proceed on his claims against Defendant Hoskins and dismiss the claims as to the

remaining defendants. FACTUAL BACKGROUND Plaintiff alleges that on January 6, 2025, he was assaulted in the prison on two occasions in view of Defendant Hoskins, who is a corrections officer at the prison. (Id. at 5–6.) Plaintiff asserts that after the first assault, Defendant Hoskins made a derogatory comment about Plaintiff’s sexual orientation and questioned whether Plaintiff had “learned

his lesson.”2 (Id. at 6.) Plaintiff alleges he was then assaulted more severely a second time, which assault occurred “at the discretion” of Defendant Hoskins. (Id. at 6.) According to Plaintiff, Defendant Hoskins did not stop the assault until other residents intervened. (Id.) Plaintiff asserts that after the first assault, the other defendants did not remove Plaintiff from the general population. (Id. at 8.) Plaintiff alleges he suffered several physical injuries

because of the assaults. (Id. at 7.) Plaintiff further alleges he continues to emotionally. (Id.) Plaintiff seeks to assert an Eighth Amendment claim under 42 U.S.C. § 1983 against all Defendants. (Id. at 1-2.) Plaintiff also alleges a claim of intentional infliction of emotional distress. (Id. at 7-8.)

2 Plaintiff asserts that he is openly bisexual. (Id. at 6.) LEGAL STANDARD 28 U.S.C. § 1915 is designed to ensure meaningful access to the federal courts for individuals unable to pay the cost of bringing an action. When a party is proceeding

pursuant to § 1915, however, “the court shall dismiss the case at any time if the court determines,” inter alia, that the action is “frivolous or malicious” or “fails to state a claim on which relief may be granted.” 28 U.S.C. § 1915(e)(2)(B). “Dismissals [under § 1915] are often made sua sponte prior to the issuance of process, so as to spare prospective defendants the inconvenience and expense of answering such complaints.” Neitzke v.

Williams, 490 U.S. 319, 324 (1989). The § 1915A screening requires courts to “identify cognizable claims or dismiss the complaint, or any portion of the complaint, if the complaint (1) is frivolous, malicious, or fails to state a claim …; or (2) seeks monetary relief from a defendant who is immune from such relief.” 28 U.S.C. § 1915A(b). When considering whether a complaint states a claim for which relief may be

granted, courts must assume the truth of all well-plead facts and give the plaintiff the benefit of all reasonable inferences therefrom. Ocasio-Hernandez v. Fortuno-Burset, 640 F.3d 1, 12 (1st Cir. 2011). A complaint fails to state a claim upon which relief can be granted if it does not plead “enough facts to state a claim to relief that is plausible on its face.” Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007). “A self-represented

plaintiff is not exempt from this framework, but the court must construe his complaint ‘liberally’ and hold it ‘to less stringent standards than formal pleadings drafted by lawyers.’” Waterman v. White Interior Sols., No. 2:19-cv-00032-JDL, 2019 WL 5764661, at *2 (D. Me. Nov. 5, 2019) (quoting Erickson v. Pardus, 551 U.S. 89, 94 (2007)). “This is not to say that pro se plaintiffs are not required to plead basic facts sufficient to state a claim.” Ferranti v. Moran, 618 F.2d 888, 890 (1st Cir. 1980).

DISCUSSION A. Eighth Amendment The Cruel and Unusual Punishment Clause of the Eighth Amendment, as applied to the states through the Fourteenth Amendment, imposes a duty on prison officials to protect inmates from violence at the hands of other inmates. Lakin v. Barnhart, 758 F.3d 66, 70 (1st Cir. 2014). “That duty has its origins in the forced dependency of inmates[.]” Giroux

v. Somerset Cty., 178 F.3d 28, 31 (1st Cir. 1999). “Having incarcerated ‘persons [with] demonstrated proclivit[ies] for antisocial criminal, and often violent, conduct,’ having stripped them of virtually every means of self-protection and foreclosed their access to outside aid, the government and its officials are not free to let the state of nature take its course.” Farmer v. Brennan, 511 U.S. 825, 833 (1970) (quoting Hudson v. Palmer, 468

U.S. 517, 526 (1984)). Under the law, not every incident of prisoner-on-prisoner violence that results in injury gives rise to constitutional liability. Lakin, 758 F.3d at 70. To raise a genuine issue of constitutional liability, a plaintiff must demonstrate that he or she was “incarcerated under conditions posing a substantial risk of serious harm,” and that the defendant “acted, or failed to act, with ‘deliberate indifference to inmate health or safety.’” Id. (quoting

Farmer, 511 U.S. at 834). In other words, a plaintiff must satisfy both an objective standard (substantial risk of serious harm) and a subjective standard (deliberate indifference) in order to prove a claim of deliberate indifference. Kosilek v. Spencer, 774 F.3d 63, 82 (1st Cir. 2014) (en banc). “[A] prison official may be held liable under the Eighth Amendment for denying humane conditions of confinement only if he knows that inmates face a

substantial risk of serious harm and disregards that risk by failing to take reasonable measures to abate it.” Farmer, 511 U.S. at 847; Burrell v. Hampshire Cty., 307 F.3d 1, 8 (1st Cir. 2002) (citing Farmer, 511 U.S.

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Related

Hudson v. Palmer
468 U.S. 517 (Supreme Court, 1984)
Neitzke v. Williams
490 U.S. 319 (Supreme Court, 1989)
Hafer v. Melo
502 U.S. 21 (Supreme Court, 1991)
Erickson v. Pardus
551 U.S. 89 (Supreme Court, 2007)
Bell Atlantic Corp. v. Twombly
550 U.S. 544 (Supreme Court, 2007)
Giroux v. Somerset County
178 F.3d 28 (First Circuit, 1999)
Burrell v. Hampshire County
307 F.3d 1 (First Circuit, 2002)
Velez-Rivera v. Agosto Alicea
437 F.3d 145 (First Circuit, 2006)
Sanchez v. Pereira-Castillo
590 F.3d 31 (First Circuit, 2009)
Ocasio-Hernandez v. Fortuno-Burset
640 F.3d 1 (First Circuit, 2011)
David R. Ferranti v. John J. Moran
618 F.2d 888 (First Circuit, 1980)
Farmer v. Brennan
511 U.S. 825 (Supreme Court, 1994)
Champagne v. Mid-Maine Medical Center
1998 ME 87 (Supreme Judicial Court of Maine, 1998)
Curtis v. Porter
2001 ME 158 (Supreme Judicial Court of Maine, 2001)
Lakin v. Barnhart
758 F.3d 66 (First Circuit, 2014)
Kosilek v. Spencer
774 F.3d 63 (First Circuit, 2014)
Madison v. Cruz
390 F. Supp. 3d 191 (District of Columbia, 2019)

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Bluebook (online)
FALLICA v. LIBERTY, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fallica-v-liberty-med-2025.