Gill v. Tuttle

93 F. App'x 301
CourtCourt of Appeals for the Second Circuit
DecidedMarch 29, 2004
DocketNo. 03-0014
StatusPublished
Cited by15 cases

This text of 93 F. App'x 301 (Gill v. Tuttle) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gill v. Tuttle, 93 F. App'x 301 (2d Cir. 2004).

Opinion

SUMMARY ORDER

Anthony Gill appeals from the district court’s order granting summary judgment to the defendants on all fourteen causes of action in his 42 U.S.C. § 1983 action.

We review orders granting summary judgment de novo, drawing all factual inferences in favor of the nonmoving party to determine whether the district court properly concluded that there was no genuine issue of material fact and that the moving party was entitled to summary judgment as a matter of law. Miller v. Wolpoff & Abramson, L.L.P., 321 F.3d 292, 300 (2d Cir.), cert. denied, — U.S. -, 124 S.Ct. 153, 157 L.Ed.2d 44 (2003).

[302]*302The district court properly granted summary judgment with respect to all of Gill’s state-law claims, because New York Correction Law § 24 bars federal suit on state-law claims against officers in their individual or personal capacities. See Baker v. Coughlin, 77 F.3d 12, 14-15 (2d Cir.1996).

With respect to the Free Exercise aspects of Gill’s first, second, fourth, ninth, tenth, and thirteenth causes of action against defendants-appellees M. Ramsey, Sergeant Letourneau, B. Tuttle, J. Carbonaro, Gregory Smith, and E. Frank, respectively, the district court properly granted summary judgment on the ground of qualified immunity. Government officials are shielded from civil liability under 42 U.S.C. § 1983 by the doctrine of qualified immunity so long as their conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S.Ct. 2727, 73 L.Ed.2d 396 (1982). To be “clearly established,” “the contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right.” Anderson v. Creighton, 483 U.S. 635, 640, 107 S.Ct. 3034, 97 L.Ed.2d 523 (1987). Gill cannot demonstrate that the challenged practices unconstitutionally burdened his exercise of his religious beliefs in violation of the Free Exercise Clause. See McEachin v. McGuinnis, 357 F.3d 197, 203 & n. 6 (2d Cir.2004). Gill claims that .Sergeant Letourneau, Carbonaro, Smith, and Frank each deprived him of his right to attend one religious service, and Ramsey deprived him of access to two religious services. (Gill offered no evidence suggesting the existence of any conspiracy or common plan among these six defendants.) A reasonable officer would not have been aware that the denial of an inmate’s access to one or even two religious services would constitute an infringement of the inmate’s Free Exercise right. Therefore, the district court’s grant of summary judgment was appropriate with respect to the Free Exercise aspects of the first, second, fourth, ninth, tenth, and thirteenth causes of action.

With respect to the Free Exercise aspects of Gill’s fifth, sixth, seventh, and eighth causes of action against defendantsappellees Lieutenant Ashby, Edward Dann, R. Nelson, and G. Greene, respectively, the district court’s grant of summary judgment was appropriate because Gill does not allege that any of these defendants were personally involved in the violations of his rights. “[P]ersonal involvement of defendants in alleged constitutional deprivations is a prerequisite to an award of damages under § 1983.” Wright v. Smith, 21 F.3d 496, 501 (2d Cir.1994) (internal quotation marks omitted). Gill does not dispute the defendants’ statements that Ashby, Greene, and Nelson merely communicated to him a policy whereby Monday night Jehovah’s Witness gatherings were considered meetings, rather than services, and thus law library callouts superseded them. Thus, none of these defendants was personally involved in any deprivation of Gill’s right to exercise his religion freely, and the district court properly granted summary judgment to them on the Free Exercise aspects of the claims against them.

The district court also properly granted summary judgment as to the Due Process aspects of Gill’s fifth, sixth, eighth, and eleventh causes of action against defendants-appellees Ashby, Dann, Greene, and Walker, respectively. As to Dann and Walker, Gill does not allege that either had any personal involvement in the alleged deprivation of his due process rights. Moreover, Gill does not establish that the forty-two days he spent in keeplock as a [303]*303result of the actions of Ashby and Greene constitute an atypical, significant hardship upon his liberty interests, as required to establish a due process violation. See Sandin v. Conner, 515 U.S. 472, 486, 115 S.Ct. 2293, 132 L.Ed.2d 418 (1995).

The district court was also correct in granting summary judgment with respect to the Eighth Amendment aspect of Gill’s fourteenth cause of action against Corrections Officer Letourneau. The Eighth Amendment does not prohibit de minimis uses of physical force. See Hudson v. McMillian, 503 U.S. 1, 9-10, 112 S.Ct. 995, 117 L.Ed.2d 156 (1992). During incarceration, “only the unnecessary and wanton infliction of pain” constitutes an Eighth Amendment violation. Trammell v. Keane, 338 F.3d 155, 162 (2d Cir.2003) (internal quotation marks omitted). C.O. Letourneau’s actions in spitting on Gill do not constitute such an infliction of pain, and as such do not rise above a de minim-is use of force.

Moreover, the district court correctly granted summary judgment with respect to Gill’s third cause of action against the defendant-appellee Gummerson. An inmate must exhaust all available administrative remedies before bringing a section 1983 action “with respect to prison conditions.” 42 U.S.C. § 1997e(a); see also Porter v. Nussle, 534 U.S. 516, 532, 122 S.Ct. 983, 152 L.Ed.2d 12 (2002). The exhaustion requirement applies regardless of whether the administrative remedies available are effective or efficient, and regardless of whether the relief sought by the plaintiff is available through administrative proceedings. Id. at 524, 122 S.Ct. 983. Thus, an assertion that exhaustion would be futile does not excuse failure to comply with section 1997e(a)’s requirement. Giano v. Goord, 250 F.3d 146, 150-51 (2d Cir.2001). Inmates in New York State are provided with a three-step grievance program for resolution of grievances.

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93 F. App'x 301, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gill-v-tuttle-ca2-2004.