Scott v. Kastner-Smith

298 F. Supp. 3d 545
CourtDistrict Court, W.D. New York
DecidedMarch 30, 2018
Docket6:14–CV–06489 EAW
StatusPublished
Cited by11 cases

This text of 298 F. Supp. 3d 545 (Scott v. Kastner-Smith) 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
Scott v. Kastner-Smith, 298 F. Supp. 3d 545 (W.D.N.Y. 2018).

Opinion

ELIZABETH A. WOLFORD, United States District Judge

INTRODUCTION

On August 22, 2014, Plaintiff ShaVelle Lamarr Scott ("Plaintiff"), proceeding pro se , commenced this action pursuant to 42 U.S.C. § 1983, alleging that various officials employed at the Steuben County Jail (the "County Jail") violated his constitutional rights under the First, Eighth, and Fourteenth Amendments of the Constitution, as more specifically stated in the Complaint. (Dkt. 1). After being granted both leave to proceed in forma pauperis and leave to file an amended complaint (Dkt. 4), on March 5, 2015, Plaintiff filed his Amended Complaint (Dkt. 6). On October 8, 2015, the claims in the Amended Complaint were dismissed as against all named defendants, except for Sergeant Keith Kastner-Smith ("Sgt. Kastner-Smith"), Lieutenant Amy Bouck ("Lt. Bouck"), and Sergeant Lorrie Gardner ("Sgt. Gardner") (collectively, "Defendants"). (Dkt. 9).

Presently before the Court is Defendants' motion for summary judgment. (Dkt. 52). For the following reasons, Defendants' motion is granted, and Plaintiff's Amended Complaint is dismissed.

BACKGROUND 1

Plaintiff was confined as an inmate at the County Jail from January 3, 2013, through January 17, 2014, and from May 28, 2014, through August 27, 2014. (Dkt. 52-12 at ¶ 9; see Dkt. 52-3 at ¶ 2). During his incarceration, Plaintiff received numerous "write-ups for violations of jail rules," and often made violent and threatening comments, statements, and hand-drawn pictures directed towards the County Jail's employees. (Dkt. 52-12 at ¶ 10; see Dkt. 52-3 at ¶¶ 3-4). The County Jail also provides inmates with "Inmate Medical Request Slips, which inmates may use to request medical or mental health care."

*548(Dkt. 52-12 at ¶ 11; see Dkt. 52-3 at ¶¶ 23, 25). Plaintiff frequently submitted medical requests that included graphic or hostile language towards the jail officials or white people, and often used these slips as an outlet to voice his religious and nutritional preferences. (Dkt. 52-12 at ¶¶ 12-14, 16-18, 64-66; see Dkt. 52-3 at ¶¶ 26-28; see, e.g. , Dkt. 52-4 at 20-21, 24, 27, 32-35).

Plaintiff identifies as a Muslim, and specifically, "a member of the Nation of Islam." (Dkt. 52-12 at ¶ 19; see Dkt. 52-2 at 68:49-50). Plaintiff adheres to fasting traditions during the Islamic holy month of Ramadan, which require him to abstain from eating or drinking from dawn to dusk every day. (Dkt. 52-12 at ¶ 20; see Dkt. 52-2 at 67:43). The date of the alleged assault, July 10, 2014, occurred during Ramadan. (Dkt. 52-12 at ¶ 21; see Dkt. 52-2 at 67:43). On July 10, 2014, at about 3:30 a.m., Sgt. Kastner-Smith and Sgt. Gardner provided Plaintiff with his before-dawn meal, at which time Plaintiff complained that he had not been provided with any peanut butter. (Dkt. 52-12 at ¶¶ 23-24; see Dkt. 52-5 at ¶¶ 4, 7-8; Dkt. 52-6 at ¶¶ 4-5). Sgt. Kastner-Smith and Sgt. Gardner informed Plaintiff that they would speak with the kitchen staff when the staff arrived for work later that day. (Dkt. 52-12 at ¶ 5; see Dkt. 52-5 at ¶ 8; Dkt. 52-6 at ¶ 6).

At about 4:00 a.m., Officer Ryan Aldridge ("Officer Aldridge") began her security tour of Plaintiffs inmate housing unit when she discovered an inmate request slip under Plaintiff's cell door. (Dkt. 52-12 at ¶ 26; see Dkt. 52-8 at ¶ 6). Although Officer Aldridge attempted to interact with Plaintiff, Plaintiff did not respond. (Dkt. 52-12 at ¶ 26; see Dkt. 52-8 at ¶ 7). Plaintiff's inmate request slip complained about the lack of peanut butter provided with his meal, and then he proceeded to make hostile comments about white people and mentioned that another jail officer, Officer Hann, "got served" because of his conduct. (Dkt. 52-12 at ¶¶ 27-29; see Dkt. 52-4 at 4; Dkt. 52-8 at ¶¶ 8-9). The latter reference alluded to an inmate assault upon Officer Hann that occurred several days earlier. (Dkt. 52-12 at ¶ 29; see Dkt. 52-8 at ¶ 9). Plaintiff had also crossed out his vitriolic comments, apparently because he was concerned that the request might be "considered an emotionally driven complaint rather than a legitimate complaint." (Dkt. 52-2 at 69:56; see Dkt. 52-4 at 4).

After Sgt. Kastner-Smith was given the inmate request slip and had reviewed it, he returned to Plaintiff's cell, but Plaintiff refused to speak with him. (Dkt. 52-12 at ¶¶ 30-31; see Dkt. 52-5 at ¶¶ 11, 13; Dkt. 52-8 at ¶ 11). Sgt. Kastner-Smith then "slid a Grievance Form under the cell door" to Plaintiff. (Dkt. 52-12 at ¶ 31; see Dkt. 52-5 at ¶ 13). Sgt. Kastner-Smith asked Lt. Bouck to review the inmate request slip due to its content and because it was addressed to a lieutenant. (Dkt. 52-12 at ¶ 32; see Dkt. 52-5 at ¶ 14). At that point, the jail officials decided to transfer Plaintiff to a different housing unit "to maintain the safety and order of the facility." (Dkt. 52-12 at ¶ 32; see Dkt. 52-5 at ¶ 15).

Sgt. Kastner-Smith, Lt. Bouck, Sgt. Gardner, and Officer Eugene Kennedy ("Officer Kennedy") approached Plaintiff's cell, at which time Sgt. Kastner-Smith woke Plaintiff and ordered him to kneel in front of his bed, place his head on the mattress, and put his hands on his head to be handcuffed. (Dkt. 52-12 at ¶ 34; see Dkt. 52-5 at ¶¶ 16-17; Dkt. 52-6 at ¶¶ 9-10; Dkt. 52-8 at ¶ 13; Dkt. 52-9 at ¶¶ 3-5). Sgt. Kastner-Smith proceeded to handcuff Plaintiff (Dkt. 52-12 at ¶ 35; see Dkt. 52-5 at ¶ 17), and then, when Plaintiff refused to stand on his own, Officer Kennedy and Sgt. Kastner-Smith lifted Plaintiff to his feet (Dkt. 52-12 at ¶ 36; see Dkt. 52-5 at *549¶ 18; Dkt. 52-9 at ¶ 5). Sgt. Kastner-Smith held Plaintiffs left elbow and left wrist while the four officials escorted Plaintiff out of his cell. (Dkt. 52-12 at ¶ 37; see Dkt. 52-5 at ¶ 19; Dkt. 52-6 at ¶¶ 11-12; Dkt. 52-9 at ¶ 6).2

When Sgt. Kastner-Smith, Sgt. Gardner, Officer Kennedy, and Plaintiff arrived at the new cell, Plaintiff was ordered to reassume the kneeling position and to place his hands on his head once his handcuffs were removed, and then to remain kneeling until the officers closed the cell door. (Dkt. 52-12 at ¶ 39; see Dkt. 52-5 at ¶¶ 20-22; Dkt. 52-6 at ¶¶ 13-14; Dkt. 52-9 at ¶¶ 9-10). Once the handcuffs were removed, Plaintiff began to stand up, at which point Sgt. Kastner-Smith "placed [his] left hand on [Plaintiff's] hands and [his] right hand on [Plaintiff's] back to slow his momentum," and then instructed Plaintiff to return to the kneeling position. (Dkt. 52-5 at ¶ 23; see Dkt. 52-12 at ¶ 40). Plaintiff complied, and the officers left the cell. (Dkt. 52-12 at ¶ 40; see Dkt. 52-5 at ¶ 24; Dkt. 52-6 at ¶ 15; Dkt. 52-9 at ¶ 11).

Subsequently, Officer Aldridge and Sgt. Gardner retrieved Plaintiff's personal property, and then Officer Aldridge brought an "inventory document" to his new cell. (Dkt. 52-12 at ¶¶ 42-43; see Dkt. 52-8 at ¶¶ 16-17). At that time, Plaintiff "told Officer Aldridge that Sgt.

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Bluebook (online)
298 F. Supp. 3d 545, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scott-v-kastner-smith-nywd-2018.