Peoples v. Fischer

898 F. Supp. 2d 618, 2012 WL 2402593, 2012 U.S. Dist. LEXIS 88475
CourtDistrict Court, S.D. New York
DecidedJune 26, 2012
DocketNo. 11 Civ. 2694 (SAS)
StatusPublished
Cited by8 cases

This text of 898 F. Supp. 2d 618 (Peoples v. Fischer) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Peoples v. Fischer, 898 F. Supp. 2d 618, 2012 WL 2402593, 2012 U.S. Dist. LEXIS 88475 (S.D.N.Y. 2012).

Opinion

OPINION AND ORDER

SHIRA A. SCHEINDLIN, District Judge:

I. INTRODUCTION

As the Commission on Safety and Abuse in America’s Prisons recently found, “[t]he overreliance on and inappropriate use of segregation hurts individual prisoners and officers. But the consequences are broader than that: The misuse of segregation works against the process of rehabilitating people and threatens public safety.”1 In 2010, the American Bar Association approved its Criminal Justice Standards on the Treatment of Prisoners, which recommend that “[segregated housing should be for the briefest term and under the least restrictive conditions practicable and consistent with the rationale for placement and with the progress achieved by the prisoner.”2 The ABA emphasized that

Correctional authorities should use long-term segregated housing sparingly and should not place or retain prisoners in such housing except for reasons relating to:
(i) discipline after a finding that the prisoner has committed a very severe disciplinary infraction, in which safety or security was seriously threatened; [or]
(ii) a credible continuing and serious threat to the security of others or to the prisoner’s own safety.3

As to disciplinary segregation, the ABA recommended that “only the most severe disciplinary offenses, in which safety or security are seriously threatened, ordinarily warrant a sanction that exceeds 30 days placement in disciplinary housing, and no placement in disciplinary housing should exceed one year.” 4 These ABA standards [621]*621are not radical or fringe views: on the contrary, “[t]he Standards’ unique contribution ... is to address all the aspects of long-term segregation by presenting solutions that embody a consensus view of representatives of all segments of the criminal justice system who worked on them together in the exhaustive and collaborative ABA Standards process.”5

Leroy Peoples was housed in segregation for over two years, even though there was never any finding that he posed a threat to the safety of others or the security of the prison. His placement in the SHU for such a time period was grossly disproportionate to the non-violent violation that he was found to have committed. He has therefore stated a plausible claim that defendants violated his Eighth Amendment right to be free from cruel and unusual punishment.

II. PROCEDURAL POSTURE

On May 3, 2012, this Court issued an Opinion and Order, (the “May 3, 2012 Order”) dismissing, in part, plaintiffs Complaint for failure to state a claim.6 Defendants now seek reconsideration on the following grounds: (1) defendants Ward, Bezio and Rock are entitled to qualified immunity; and (2) Ward was not personally involved. For the reasons stated below, defendants’ motion for reconsideration is granted in part and denied in part.

III. FACTUAL BACKGROUND

Peoples is currently an inmate at Upstate Correctional Facility and was previously an inmate at Green Haven Correctional Facility.7 On October 5, 2009, while Peoples was at Green Haven, Sergeant O’Connor and Corrections Officer (“CO.”) Malare approached him while he was working and performed a pat and frisk search.8 Peoples was then escorted to his cell, F-Block 150, which O’Connor and Malare then searched.9 Peoples alleges that certain papers were seized and that his personal and legal mail, family photos, clothing, and other miscellaneous property was scattered all over his cell.10

Peoples was immediately taken to the Special Housing Unit (“SHU”) and placed in solitary confinement.11 The next day, October 6, 2009, Peoples was served with an Inmate Misbehavior Report (the “Report”), which alleged that he violated Rules 107.2112 and 113.3013 of the Stan[622]*622dards of Inmate Behavior rule book (hereafter “Rules”). The Report further states that on October 5, 2009, prior to the cell search, CO. O’Connor received a packet of papers from the Queens County District Attorney’s Office.14 The accompanying cover letter identified the papers as “U.C.C. [and] other financial claims that are bogus [and] without legal basis.”15 The Report states that the subsequent search of Peoples’ cell “produced approximately] 148 documents which all also appear to violate the above referenced charges.” 16

On October 13, 2009, a misbehavior report hearing was conducted which Peoples alleges, had the “normal formalities of a hearing.”17 At the end of the hearing, Peoples was sentenced to three years confinement in the SHU, a three-year loss of phone, package, and commissary privileges, and seventy-two months recommended loss of good time credit.18 Peoples appealed the hearing disposition to SHU Director Bezio who denied his appeal.19 In November of 2009, while still confined in the SHU and under Superintendent Rock’s watch, Peoples was involved in a fist fight with fellow inmate Larry Allen and lost a tooth.20

On March 7, 2011, Peoples filed a grievance in connection with the alleged violations of his constitutional rights.21 The grievance referenced violations of his rights under the First, Sixth, and Fourteenth Amendments of the Constitution of the United States.22 Peoples complained about the addition of Rules 107.21 and 113.30 and complained that he was affected by these Rules by being placed in the SHU for three years, along with three years of lost phone, package and commissary privileges.23

On March 9, 2011, Peoples received a response from the Inmate Grievance Review Committee (“IGRC”) and simultaneously appealed to the Superintendent of the Department of Correctional Services (“DOCS”).24 On March 15, 2011, Superintendent Rock responded to Peoples’ appeal.25 Two days later, on March 17, 2011, Peoples appealed to the Central Office Review Committee (“CORC”).26 On April 18, 2011, Peoples commenced the instant action. On June 8, 2011, he received a response from the CORC affirming the denial of his grievance27

Peoples generally suffers from “stress, fear ... depression and other psychologi[623]*623cal impacts” of his confinement in the SHU, which he has described as “psychological torture.”28 Peoples alleges that Superintendent Rock was personally involved in the deprivation of Peoples’ constitutional rights because Rock confined Peoples in the SHU, upheld the CORC’s determination of Peoples’ appeal, and was in a supervisory role at the time Peoples was involved in a fist fight with Allen.29 SHU Director Bezio is personally involved in his deprivation, Peoples argues, as he “affirmed and confirmed the disposition of unlawful confinement and revoked privileges” in violation of Peoples’ constitutional rights.30

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Cite This Page — Counsel Stack

Bluebook (online)
898 F. Supp. 2d 618, 2012 WL 2402593, 2012 U.S. Dist. LEXIS 88475, Counsel Stack Legal Research, https://law.counselstack.com/opinion/peoples-v-fischer-nysd-2012.