The opinion of the court was delivered by: SEYBERT
Plaintiff Quentin Hollingsworth was convicted in 1986 of the criminal sale of a controlled substance and sentenced to a term of four and one half to nine years imprisonment. The defendants in this action are I.R. Robinson, the Chairperson of the Temporary Release Program at the Queensboro Correctional Facility during the period in question, and Kenneth Dunham, the Superintendent of the Queensboro Correctional Facility during the same time period.
According to the amended complaint, while incarcerated, plaintiff applied for admission to the work release program under the Temporary Release Program [the "Work Release Program"] at the Arthur Kill Correctional Facility. On or about April 28, 1989, plaintiff was admitted into the Work Release Program, and thereafter was transferred to the Queensboro Correctional Facility.
Upon his acceptance into the Work Release Program, plaintiff searched for employment, and ultimately accepted a job with Ogden Allied Services Incorporation ["Ogden Allied"] as a custodial engineer at Pennsylvania Station in New York City. Plaintiff's salary for this job was $ 470.00 per week (approximately $ 11.75 per hour). Plaintiff commenced this position in May of 1989. At or about that same time, plaintiff was allowed weekend furloughs with his family.
Plaintiff alleges that in June of 1989, while on furlough, he was approached by Diana Hollingsworth, his estranged wife, who threatened to have the plaintiff "locked up on false charges." Several days later, on June 19, 1989, plaintiff filed a petition with the Family Court, Kings County, docket number 06430/89, seeking an order of protection against his estranged wife. See Pl's. Ex. A.
Plaintiff reported the threats made by his estranged wife to his parole officer, Mr. Dickter, and his corrections counselor, Mr. Pennolino. A change of his furlough address was approved on June 23, 1989.
On June 24, 1989, plaintiff and his estranged wife had a dispute. As a result of this dispute, plaintiff called 911 for police assistance. Upon their arrival, the police arrested the plaintiff (notwithstanding the fact that it was the plaintiff who had called 911) and incarcerated him at Rikers Island. The arresting authorities duly notified the Queensboro facility of plaintiff's whereabouts. In addition, plaintiff notified Mr. Campbell, a captain with the Temporary Release Committee, and Mr. Dickter, his parole officer, of the arrest and of his whereabouts.
On August 9, 1989, all charges against plaintiff arising from the incident with his estranged wife were dismissed and sealed pursuant to Section 160.50 of the New York Criminal Procedure Law. While incarcerated at Rikers Island, the plaintiff contacted his employer, Ogden Allied, to explain his absence from work. By letter dated July 24, 1989, Ogden Allied informed the plaintiff that on the basis of his past work performance, he was eligible to be rehired following his release, and advised plaintiff to contact them at that time.
On August 16, 1989, seven days after the charges instituted against him by his estranged wife had been dismissed, the plaintiff was placed into the custody of two officers from the Queensboro Correctional Facility. At that time, the plaintiff believed that he was being returned to the Work Release Program at the Queensboro Correctional Facility. Instead, without first being provided with a hearing, disciplinary proceeding, or any form of notice, plaintiff was transferred from Rikers Island directly to Sing Sing Correctional Facility in Ossining, New York.
According to the plaintiff, this transfer--which effectively removed the plaintiff from the Work Release Program by rendering him unable to return to his job with Ogden Allied--was accomplished with the knowledge and approval of defendants Robinson and Dunham.