Scott v. Coughlin

344 F.3d 282, 2003 WL 22138518
Court of Appeals for the Second Circuit·Decided September 17, 2003·No. Docket No. 99-0365·Published·Cited by 135 cases

Opinion

CARDAMONE, Circuit Judge.

We deal on this appeal with a prison inmate’s suit brought against two corrections officers for alleged violations of his civil rights. A reading of the record affords us a small glimpse of prison life made more vivid by the words of Thomas Mott Osborne, a New York State penologist, who volunteered to spend a week incognito in Auburn State Prison, a maximum security facility. He later wrote: “An aching, overwhelming sense of the hideous cruelty of the whole barbaric, brutal business sweeps over me; the feeling of moral, physical and mental outrage; ... iron walls at our backs; ... and the overpowering, sickening sense of accumulated misery ... haunting the place.”1

C.J. Scott (plaintiff, appellant, or inmate) is presently incarcerated by the New York State Department of Correctional Services, serving a lengthy term after two convictions for assault in the first degree, one in 1980 and the other in 1989. At the time of the incidents that are the subject of this appeal, Scott was imprisoned at Great Meadow Correctional Facility in Comstock, New York. As a result of disciplinary action taken against him by prison officials, he instituted pro se a civil rights action under 42 U.S.C. § 1983 in the United States District Court for the Northern District of New York (Kahn, J.), naming as defendants the Commissioner of the New York State Department of Correctional Services and a number of corrections officers, all of whom, with two exceptions, were dismissed from the action. The two exceptions are Corrections Officers (CO or officer) Frank DeLuke and James Rando, the only remaining defendants in this action.

Plaintiff filed two amended complaints, the second amended complaint being that of February 5, 1996. The gist of the complaint is that Corrections Officers DeLuke and Rando violated Scott’s civil rights and, when he complained to prison authorities, they retaliated against him in violation of his First Amendment rights by filing false disciplinary infraction charges against him. Further, the complaint alleges, in taking disciplinary action the defendants used excessive force in violation of the Eighth Amendment.

FACTS

A. Incident Involving Corrections Officer DeLuke

1. Plaintiff’s Allegations. The stage for this incident was set on February 10, 1992. On that day, plaintiff along with 20-40 other inmates, who were at the facility’s commissary in the laundry area, observed a fellow inmate, Alonzo Jacobs, being assaulted by corrections officers. In March 1992 Scott furnished Alonzo Jacobs with a signed witness statement supporting Ja[285] cobs’ claim against the guards for their use of excessive force.

Shortly thereafter, according to plaintiff, Officer Green began harassing him, prompting him to file a grievance with the Department of Corrections. Later, on May 18, 1992 Green said to CO Frank DeLuke in plaintiffs presence, “that’s him Frankie, ... he made the statement for Jacobs.” In response to this revelation, Officer DeLuke told Scott that “you will get yours real soon — WE WILL get you soon,” and indicated that Scott would be physically harmed. Plaintiff promptly reported this threat to Department of Corrections officials.

Two days later, on May 20, 1992, Scott was in his cell when Officers DeLuke and Green assaulted him. The two officers singled him out for a pat frisk, and when Scott attempted to call for a sergeant— apparently fearing that the frisk was a pretext for an assault — Officer DeLuke either kicked him or punched him in the head. Officer Green knocked him to the ground, and Officer DeLuke elbowed him in the back. Scott claims that the assault aggravated a pre-existing back condition. He was given a medical examination on that day, but received no treatment for back pain. Scott’s affidavit maintains his physical examination was cursory.

2. Defendants’ Response. In seeking summary judgment defendants submitted no responsive affidavits to counter plaintiffs version of this incident. Instead, they relied on an inmate misbehavior report Officer DeLuke filed shortly after the confrontation with plaintiff and a transcript from the ensuing disciplinary hearing. In his report defendant DeLuke recounts that he asked Scott to spread his legs for a routine frisk and that Scott placed his hands on the wall, but refused to spread his legs. After a second direct order, Scott allegedly started yelling loudly for a sergeant. When the sergeant arrived and told Scott to spread his legs, he finally did so.

Defendant DeLuke alleges Scott violated a number of prison rules including failure to follow an order, refusal to submit to a frisk, and creating a disturbance. Scott insists these accusations amount to trumped-up charges lodged against him in retaliation for his help to Alonzo Jacobs. While the charges were pending, plaintiff was placed in confinement until his disciplinary hearing, which was held three days later on May 23,1992.

3. Hearing and Result. At the hearing plaintiff was questioned about what Officer DeLuke had said in his report. Scott’s answers were not clear

HeaRing Officer: Did the officer tell you to spread your legs apart and you refused?
Soott: No the officer kicked me, I went to, not toward me but the blanket that was on the floor moved and I went down and I did call the sergeant.
Hearing Officer: And why wouldn’t you spread your legs like the officer said here when he told you to do so?
Soott: Again officer Green and [De-Luke] intends to assault me.

The hearing officer apparently took Scott’s last response to be an admission of wrongdoing, and therefore found him in violation of the prison rules as charged. Punishment consisted of 30 days confinement in keeplock, loss of commissary, phone and package privileges, and a $5.00 levy on his prison account for hearing costs.

B. Incidents Involving Corrections Officer Rando

1. Plaintiffs Allegations. The facts of the second incident Scott complains of are also murky. Plaintiff asserts that some[286] time in early October 1991, CO Rando confiscated from Scott’s cell legal papers relating to a law suit Scott had brought against another prison employee, Sergeant Phair. Scott complained about Officer Rando’s action in an employee misconduct report submitted to the prison superintendent on October 13, 1991, and also reported the incident in writing to a sergeant. Shortly after filing the complaints, plaintiff began to experience repeated harassment from CO Rando, who stalked Scott, calling him “nigger” and telling him that he did not like people who complained to sergeants. On January 10, 1992 after again complaining to a sergeant about Officer Rando’s behavior, Scott was advised to file an administrative complaint. Instead, on January 15, 1992, Scott sought protective custody. Prison officials denied the request, informing him that he could only obtain protective custody for protection from other prisoners, not from prison officers. Plaintiff was nonetheless transferred to an adjacent cell block.

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Scott v. Coughlin, 344 F.3d 282, 2003 WL 22138518 (2d Cir. 2003).

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