Moore v. Peters

92 F. Supp. 3d 109, 2015 U.S. Dist. LEXIS 33507, 2015 WL 1246151
CourtDistrict Court, W.D. New York
DecidedMarch 13, 2015
DocketNo. 13-CV-6271 EAW
StatusPublished
Cited by45 cases

This text of 92 F. Supp. 3d 109 (Moore v. Peters) 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
Moore v. Peters, 92 F. Supp. 3d 109, 2015 U.S. Dist. LEXIS 33507, 2015 WL 1246151 (W.D.N.Y. 2015).

Opinion

DECISION AND ORDER

ELIZABETH A. WOLFORD, District Judge.

Plaintiff Kenneth E. Moore, a former parolee attending the Willard Drug Treat[114]*114ment Campus (“Willard”) and former inmate at Five Points Correctional Facility (“Five Points”), brings this action alleging violations of 42 U.S.C. § 1983, for violation of his Fourteenth Amendment due process rights and retaliation. (Dkt. 1). Currently before the Court are Plaintiffs motion for partial summary judgment and Defendants’ cross-motion for judgment on the pleadings pursuant to Fed.R.Civ.P. 12(c). (Dkt. 27, 32). For the following reasons, Defendants’ cross-motion for judgment on the pleadings is granted in part and denied in part, and Plaintiffs motion for partial summary judgment is denied.

BACKGROUND

Plaintiffs claims arise from events that occurred at Five Points and Willard between January 3, 2011, and January 7, 2012. (Dkt. 1 at 2). Defendants are employees of Willard.1 (Id. at 1-2). The following facts are taken from the allegations in Plaintiffs complaint.

On January 3, 2011, Plaintiff was placed on parole with the condition that he complete Willard’s drug treatment program. (Id. at ¶ 8). Plaintiff arrived at Willard on January 25, 2011, with a target program completion date of May 3, 2011. (Id.). Plaintiffs evaluations at Willard determined that Plaintiff did not have a history of drug or alcohol abuse. (Id.). Plaintiff' subsequently wrote to the New York State Office of Alcohol and Abusive Services, Department of Correctional Services, and the Division of Parole, to notify these entities that “his presence at Willard was pro- • blematic because he lacked a proper diagnosis pursuant to the DSM IV.”2 (Id. at ¶ 9). Plaintiffs letter is attached as Exhibit A to his complaint.

Willard’s Deputy Superintendent of Programs wrote to Plaintiff and advised him that he could sign out of Willard. (Id. at ¶ 10). The Deputy Superintendent’s letter is attached as Exhibit B to Plaintiffs complaint. Plaintiff alleges that he did not sign out of Willard because “the onus was on the state to correct their error of maintaining [Plaintiffs] participation at Willard,” and because Plaintiff would “forfeit his liberty interest of being released into the community on May 3, 2011, if he were to sign-out of Willard on his own volition.” (Id.). Senior Parole Officer Larry Caslin (“Caslin”) also responded to Plaintiffs letter, and told Plaintiff that “unless his mind, body, and soul conformed to the Willard philosophy he would make sure that plaintiff did not finish the program.” (Id. at ¶ 12).

On or about February 23, 2011, Plaintiff allegedly witnessed two correction officers assault another Willard participant. (Id. at ¶ 13). Plaintiff knew one of the correction officers as Correction Officer J. Peters (“Peters”) and submitted a “statement” to a Willard sergeant reporting the assault. (Id.). Plaintiffs statement is attached as Exhibit C to the complaint. Over the following days, Plaintiff and others in his “platoon” discovered that defendant Peters was aware of Plaintiffs statement accusing him of assault. (Id. at ¶ 14). Plaintiff alleges that defendant Peters’ demeanor toward Plaintiff became “hostile to the point that plaintiff felt compelled to tell [115]*115other staff members ... that he felt that Defendant Peters was set to take revenge against plaintiff.” (Id.).

Plaintiff alleges that on or about March 12, 2011, defendant Peters executed on his plan for revenge by drafting and submitting a fictitious misbehavior report against Plaintiff. (Id. at ¶ 15). The misbehavior report accused Plaintiff of six rule violations (id.), and is attached as Exhibit D to Plaintiffs complaint. Defendant Peters also allegedly “isolated plaintiff away from his platoon and proceeded to try and provoke plaintiff by making racially incise remarks.” (Id.). Plaintiff further alleges that defendant Peters told him that “notwithstanding the fact that his time at Willard was defacto over, that he, Defendant Peters wanted the opportunity to send plaintiff to the hospital as a bonus.” (Id.).

Plaintiff alleges that he was subsequently taken to an isolation cell where he spent the night. (Id. at ¶ 16). The next morning, another correction officer came to Plaintiffs cell and served him with the fraudulent misbehavior report. (Id.). The report stated that the other 49 members of Plaintiffs platoon witnessed Plaintiffs disruptive behavior. (Id.). Plaintiff thereafter chose six of his platoon members to refute defendant Peters’ allegations at any disciplinary hearing held as a result of the report. (Id.).

Plaintiff alleges that he was “inexplicably” transferred to Five Points on the morning of March 13, 2011, notwithstanding the fact that he was a participant in the Willard program, and he “hadn’t had his Tier hearing.” (Id. at ¶ 17).

Lieutenant Reynolds (“Reynolds”) presided over Plaintiffs Tier II hearing at Five Points. (Id. at ¶ 18). Plaintiff alleges that defendant Reynolds told him that the six witnesses Plaintiff had selected to testify would not be testifying, as the witnesses reported that they did not see Plaintiffs alleged disruptive behavior. (Id.). Plaintiff alleges that defendant Reynolds became “reticent” when Plaintiff said “that was exactly the testimony he planned to draw-out from the 6 witnesses; that there was no disruptive behavior on the plaintiff[’s] part.” (Id.). Plaintiff also alleges that defendant Reynolds refused Plaintiffs request for an employee assistant to help Plaintiff prepare for his hearing. (Id.). Defendant Reynolds sustained all six charges in the report. (Id.). Plaintiff appealed and filed a grievance in relation to the fraudulent misbehavior report. (Id.).

On March 17, 2011, the Willard Evaluation Review Committee (“ERC”) met to determine whether Plaintiff should remain at Willard. (Id. at ¶ 19). Defendant Cas-lin was the chair of the ERC. (Id.). Plaintiff alleges that he was not informed that the hearing was taking place and was not present at the hearing. (Id.). Plaintiff also was not informed of the accusations against him or given the opportunity to contest the accusations or to present mitigating evidence. (Id.). Plaintiff alleges that he did not learn of the hearing until after it had occurred, when the ERC terminated Plaintiff from Willard. (Id.). Superintendent Ricky Barlett (“Barlett”) and Supervisor Philip Overfield (“Overfield”) allegedly concurred in the ERC determination. (Id.). The ERC evaluation review recommending Plaintiffs removal ' from Willard is attached as Exhibit E to Plaintiffs complaint. Plaintiff subsequently filed a grievance stating that the ERC violated his due process rights. (Id.).

On April 13, 2011, Plaintiffs parole was revoked, and a 10-month assessment was imposed for his failure to complete the Willard program. (Id. at ¶ 20). Plaintiff subsequently filed a writ of habeas corpus in the Supreme Court for Seneca County on May 6, 2011, arguing that he was enti-[116]

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Untitled Case
N.D. New York, 2026
Kimbrough v. Malloy
D. Connecticut, 2025
Gunn v. Malani
S.D. New York, 2024
Woodward v. Davis
N.D. New York, 2024
Robinson v. Rodriguez
D. Connecticut, 2023
Lewis v. Stango
D. Connecticut, 2023
Stewart v. Ayala
D. Connecticut, 2022
Shand v. Parsons
D. Connecticut, 2022
Baltas v. Dones
D. Connecticut, 2022
Baltas v. Jones
D. Connecticut, 2021
Shand v. Rodriguez
D. Connecticut, 2021
Jusino v. Quiros
D. Connecticut, 2021
Abdul-Halim v. O'Meara
N.D. New York, 2021
Breton v. Lamont
D. Connecticut, 2021
Jusino v. Gallagher
D. Connecticut, 2021
Lee v. Cook
D. Connecticut, 2021
Linares v. Annucci
S.D. New York, 2021

Cite This Page — Counsel Stack

Bluebook (online)
92 F. Supp. 3d 109, 2015 U.S. Dist. LEXIS 33507, 2015 WL 1246151, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moore-v-peters-nywd-2015.