Harnage v. Guadarrama

CourtDistrict Court, D. Connecticut
DecidedMay 7, 2025
Docket3:24-cv-01858
StatusUnknown

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

Bluebook
Harnage v. Guadarrama, (D. Conn. 2025).

Opinion

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

---------------------------------------------------------------- x JAMES A. HARNAGE, MARCELINO B. LASALLE, : JAMES DAVENPORT, : : Plaintiffs, : : v. : : 3:24-cv-1858 (SFR) JESUS GUADARRAMA, DANIEL DAUGHERTY, : DEPUTY WARDEN MANGIAFICO, DISTRICT : ADMINISTRATOR RODRIGUEZ, REV. DR. : SANTIAGO, ASSOCIATE CHAPLAIN USMAN, : COMMISSARY OPERATOR DICKEY, COMMISSARY : SUPERVISOR DOE 1, and COMMISSARY : PURCHASING DIRECTOR DOE 2 : : Defendants. : --------------------------------------------------------------- x

INITIAL REVIEW ORDER

Plaintiffs James Harnage, Marcelino LaSalle, and James Davenport are individuals in the custody of the Connecticut Department of Correction (“DOC”) and incarcerated at the MacDougall Correctional Institution (“MacDougall”). Compl. ¶¶ 1-3, ECF No. 1. They have filed this action pro se and in forma pauperis under 42 U.S.C. § 1983 asserting equal protection and religious rights violations under the United States Constitution, federal statutory law, and the Connecticut Constitution.1 They sue the following four Connecticut DOC employees who work at MacDougall: Wardens Jesus Guadarrama and Daniel Daugherty, Deputy Warden Mangiafico, and

1 Harnage acknowledges that he is subject to the “Three Strikes Rule” under 28 U.S.C. § 1915(g). Compl. ¶ 57. Thus, Harnage may not bring this action in forma pauperis absent allegations of “imminent danger of serious physical injury.” Pettus v. Morgenthau, 554 F.3d 293, 297 (2d Cir. 2009). I permit Harnage to proceed in forma pauperis as his allegations indicate he experiences severe pain and facial skin irritation by having to use the Magic Shave product for hair removal consistent with his religious beliefs. Compl. ¶¶ 23, 38-40, 57. Commissary Operator Dickey. They also sue five other DOC prison officials: District Administrator Rodriguez, Director of Religious Services Reverend Dr. Santiago, Associate Chaplain Usman, Commissary Supervisor Doe 1, and Commissary Purchasing Supervisor Doe 2. Compl. ¶¶ 4-12. Plaintiffs seek damages and injunctive relief. The Prison Litigation Reform Act requires that federal courts review complaints brought

by prisoners seeking relief against a governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). Upon review, I must dismiss the complaint, or any portion of the complaint, that is frivolous or malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief from a defendant who is immune from such relief. 28 U.S.C. §§ 1915(e)(2)(B), 1915A(b). I have thoroughly reviewed all factual allegations in the complaint and conducted an initial review of the allegations therein pursuant to 28 U.S.C. § 1915A. I. FACTUAL BACKGROUND Although I do not set forth all of the facts alleged in Plaintiffs’ complaint, I summarize their basic factual allegations here to give context to my rulings below. Plaintiffs are men who practice, and are registered as adherents to, the Jewish faith. Compl.

¶¶ 14-15. They are housed at MacDougall, a male correctional facility. Id. ¶ 14. All nine Defendants are allegedly involved in making products available to the inmate population. Id. ¶ 16. Plaintiffs have all purchased items at the commissary. Id. ¶ 17. As men in the custody of the DOC, they are subject to restrictions on their commissary purchases of scented soap, shampoos, vent or styling hair brushes, shower caps, foam rollers, hair dryers, body wash, and hair removal products. Id. ¶¶ 18-19, 26. Plaintiffs allege that the restrictions are unreasonable and based solely on consideration of their gender as men. Id. ¶ 18. Women in the custody of DOC are not subject to the same commissary restrictions. Id. ¶ 20. Plaintiffs complain that they are restricted from purchasing Nair Hair Remover Cream (“Nair”). Id. ¶ 21. Pursuant to the commissary list, male inmates are limited to purchasing Magic Shave, which is a hair removal product that is harsher on the skin than Nair. Id. ¶ 22. Many

incarcerated individuals with lighter skin tones have reported severe skin irritation resulting from their use of Magic Shave. Id. ¶ 23. Nonetheless, Defendants refuse without any legitimate or reasonable penological reason to permit Plaintiffs to purchase the same hair removal product that is available to female inmates. Id. ¶ 24. II. LEGAL STANDARD Under 28 U.S.C. § 1915A, courts must review civil complaints in which a prisoner seeks redress from a governmental entity and dismiss any portion that “(1) is frivolous, malicious, or fails to state a claim upon which relief may be granted; or (2) seeks monetary relief from a defendant who is immune from such relief.” 28 U.S.C. § 1915A(b)(1)-(2).

Although highly detailed allegations are not required, the complaint must “contain sufficient factual matter, accepted as true, to ‘state a claim that is plausible on its face.’” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007)). “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.” Iqbal, 556 U.S. at 678. This plausibility standard is not a “probability requirement” but imposes a standard higher than “a sheer possibility that a defendant has acted unlawfully.” Id. In undertaking this analysis, the court must “draw all reasonable inferences in [a plaintiff’s] favor, assume all well-pleaded factual allegations to be true, and determine whether they plausibly give rise to an entitlement to relief.” Faber v. Metro Life Ins. Co., 648 F.3d 98, 104 (2d Cir. 2011) (internal quotation marks omitted). However, the court is “not bound to accept conclusory allegations or legal conclusions masquerading as factual conclusions,” id., and “a formulaic recitation of the elements of a cause of action will not do,” Iqbal, 556 U.S. at 678. With respect to pro se litigants, it is well-established that “[p]ro se submissions are

reviewed with special solicitude, and ‘must be construed liberally and interpreted to raise the strongest arguments that they suggest.’” Matheson v. Deutsche Bank Nat’l Tr. Co., 706 F. App’x 24, 26 (2d Cir. 2017) (quoting Triestman v. Fed. Bureau of Prisons, 470 F.3d 471, 474-75 (2d Cir. 2006) (per curiam)). However, pro se litigants are still required to comply with Rule 8 of the Federal Rules of Civil Procedure. See, e.g., Wynder v.

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Harnage v. Guadarrama, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harnage-v-guadarrama-ctd-2025.