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TARAFA v. MANIGO

September 19, 1995

EDDIE TARAFA, Plaintiff, against C.O. MANIGO, SHIELD # 6137, E.T.A.L.; MICHAEL PASTENA, W. J.A.T.C., E.T.A.L., ANTHONY SCHEMBRI, N.Y.C. DEPT. OF CORR., ET. A.L.,, Defendants.


The opinion of the court was delivered by: DENNY CHIN

 CHIN, D.J.

 Pro se plaintiff Eddie Tarafa ("Tarafa") brings this action under 42 U.S.C. ┬ž 1983 alleging that defendants violated his constitutional rights when he was assaulted by one corrections officer and threatened by another. Defendants Anthony Schembri and Michael Pastena move to dismiss the claims against them. For the reasons that follow, the motion is granted.

 I. BACKGROUND1

 Tarafa is incarcerated at the Adirondack Correctional Facility in Ray Brook, New York. Defendant Anthony Schembri was the Commissioner of the New York City Department of Corrections. Defendant Michael Pastena is the Warden of the Manhattan Detention Complex. Defendants Sabria Manigo and J. Turner *fn2" are corrections officers at Rikers Island.

 On September 19, 1994, Tarafa was one of several prisoners on a bus returning from court appearances when a fight ensued between two prisoners. After officers removed the combatants from the bus, an officer returned to remove Tarafa and another inmate. Tarafa thought that he was going to be searched but instead was struck on the head without provocation by Officer Manigo. As a result of the alleged attack, Tarafa sustained injuries to his head and left hand and lost consciousness. Tarafa remains in constant pain, has blurred vision, and has ringing in his left ear.

 Later, Officer Turner approached Tarafa, asking whether he had initiated an investigation against another officer concerning an incident on a bus. *fn3" When Officer Turner determined that Tarafa had commenced such an investigation, he threatened to "shoot [Tarafa] as a form of defense" unless Tarafa dropped his complaint.

 Tarafa commenced this action on September 30, 1994, seeking injunctive relief against defendants Manigo and Turner and compensatory damages against all defendants. Defendants Schembri and Pastena have moved to dismiss pursuant to Fed. R. Civ. P. 12(b)(6) for failure to state a claim.

 II. DISCUSSION

 A. Standard of Review

 Although Tarafa has failed to respond to defendants' motion, I will still examine the complaint and the motion carefully because Tarafa is pro se. Rosado v. City of New York, 1993 U.S. Dist. LEXIS 11501, No. 91 Civ. 6272 (LBS), 1993 WL 321611, at *1 (S.D.N.Y. Aug. 19, 1993); see also Haines v. Kerner, 404 U.S. 519, 520, 30 L. Ed. 2d 652, 92 S. Ct. 594 (1972).

 In analyzing defendants' motion to dismiss for failure to state a claim, I must view the complaint in the light most favorable to plaintiff and accept all allegations contained therein as true. Scheuer v. Rhodes, 416 U.S. 232, 236, 40 L. Ed. 2d 90, 94 S. Ct. 1683 (1974); Annis v. County of Westchester, 36 F.3d 251, 253 (2d Cir. 1994). Dismissal of the complaint under Fed. R. Civ. P. 12(b)(6) is inappropriate unless it appears beyond a doubt that plaintiff can prove no set of facts that would entitle him to relief. Conley v. Gibson, 355 U.S. 41, 45-46, 2 L. Ed. 2d 80, 78 S. Ct. 99 (1957); Christ Gatzonis Elec. Contractor, Inc. v. New York City School Constr. Auth., 23 F.3d 636, 639 (2d Cir. 1994).

 B. Personal Involvement

 Defendants Schembri and Pastena argue that Tarafa fails to state a claim because (i) the complaint fails to allege personal involvement by either of them in the alleged incidents and (ii) the complaint fails to allege that the ...


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