Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

GALLOWAY v. SUFFOLK COUNTY CORRECTIONAL FACILITY

November 5, 2002

MICHAEL GALLOWAY, PLAINTIFF,
V.
SUFFOLK COUNTY CORRECTIONAL FACILITY, WESLEY BEDNOWSKI AND SGT. WELENSKI, DEFENDANTS. MICHAEL GALLOWAY, PLAINTIFF, V. SUFFOLK COUNTY CORRECTIONAL FACILITY, AND LT. PRESTON J. SINGER, DEFENDANTS. MICHAEL GALLOWAY, PLAINTIFF, V. SUFFOLK COUNTY CORRECTIONAL FACILITY, HIGH IMPACT INCARCERATION PROGRAM AND WESLEY BEDNOWSKI, DEFENDANTS.



The opinion of the court was delivered by: Arthur D. Spatt, United States District Judge

MEMORANDUM OF DECISION AND ORDER

The plaintiff Michael Galloway ("Galloway" or the "plaintiff") alleges that the defendants the Suffolk County Correctional Facility (the "Correctional Facility"), Wesley Bednowski ("Bednowski"), Sergeant Welenski ("Welenski"), Lieutenant Preston J. Singer ("Singer") and the High Impact Incarceration Program (the "HIIP") (collectively, the "defendants") deprived him of his right to due process under the United States Constitution when they removed him twice from the HIIP in violation of 42 U.S.C. § 1983, N.Y. Mental Hyg. § 22.03 and N.Y. Comp. Codes R. & Regs. tit. 14, § 1020.9. Presently before the Court is a motion by the defendants for judgment on the pleadings pursuant to Rule 12(c) of the Federal Rules of Civil Procedure.

I. BACKGROUND

A. The Procedural History

The present case is a consolidated action arising out of three separate actions: Galloway v. Bednowski, No. 00CV1620 (E.D.N.Y. filed Mar. 20, 2000); Galloway v. Suffolk County Corr. Facility, No. 00CV2286 (E.D.N.Y. filed Apr. 20, 2000); and Galloway v. Suffolk County Corr. Facility, No. 00CV4241 (E.D.N.Y. filed July 20, 2000). On June 30, 2001, United States Magistrate Judge William D. Wall consolidated the three actions under docket number 00CV1620. On August 14, 2001, the plaintiff filed the Consolidated Amended Complaint (the "Complaint").

B. The Complaint

1. The Parties

The facts are taken from the Complaint unless otherwise noted. The plaintiff is a resident of Suffolk County. The Correctional Facility is a penal institution in Suffolk County. Bednowski is the appointed Warden and Chief Administrative Officer of the Correctional Facility and the HIIP. Welenski and Singer are corrections officers at the Correctional Facility. Also, each served as the director of the HIIP for a period of time relevant to this action. The HIIP is a program designed to assist incarcerated, parole violators with substance abuse problems.

2. The Facts

In fall 1997, the plaintiff was incarcerated at the Correctional Facility on a parole violation. On October 4, 1997, the plaintiff signed a contract and agreed to participate in the HIIP instead of being sentenced as a parole violator. The contract provided that the plaintiff would be released from custody upon his successful completion of the program.

On November 12, 1997, the Correctional Facility gave the plaintiff a misbehavior report alleging several violations of its Rules and Regulations Handbook. Although the specific violations are not provided, the Complaint alleges that the violations occurred outside the "purview" of the HIIP. Shortly thereafter, Welenski, the director of the HIIP at that time, and other unnamed corrections officers removed the plaintiff from the HIIP without providing him any written notice of why he was being removed or what review process was available to him. On December 1, 1997, which was the date that the plaintiff was to be released upon satisfactory completion of the HIIP, he was allegedly held over for a final, parole-revocation hearing; was found guilty of a parole violation; and was sentenced to a period of incarceration for ninety-three days.

In February 2000, the plaintiff was again incarcerated at the Correctional Facility on a parole violation. On February 21, 2000, the plaintiff signed a contract and agreed to participate in the HIIP instead of being sentenced as a parole violator. The contract provided that the plaintiff would be released from custody upon his successful completion of the program. On March 23, 2000, Singer, the director of the HIIP at that time, gave the plaintiff a "document" stating that he was no longer a participant in the HIIP. The "document" stated that Singer discharged him from the program based upon the request of one Dorothy Picente a counselor in the HIIP. The "document" did not set forth the specific reasons for the discharge and did not contain any notice of the right to request a review of the decision. The plaintiff alleges that this removal procedure violated his right to due process under the Constitution.

Next, the plaintiff alleges that he was ignored when he tried to resolve the issue of his discharge in the "informal grievance process (verbal)". Thereafter, the plaintiff allegedly requested a formal grievance form but an unspecified individual denied that request. Also, the plaintiff allegedly sent a letter to the defendants but received no response. Then, the plaintiff commenced an Article 78 proceeding on the ground that the HIIP violated his right to due process and that he should be given the agreed-upon cancellation of delinquency for the parole violation. That proceeding purportedly terminated because of unspecified procedural difficulties. Finally, the plaintiff alleges that he was held over for a final parole-revocation hearing, was found guilty of a parole violation and was sentenced to a period of incarceration for about ninety-six days.

The Complaint consists of three claims. The first claim alleges a violation of Section 1983 due to the plaintiff's removal from the HIIP in November 1997 without proper due process. The second claim alleges a violation of Section 1983 due to the plaintiff's removal from the HIIP in March 2000 without proper due process. The third claim alleges a violation of Section 1983, N.Y. Mental Hyg. § 22.03 and N.Y. Comp. Codes R. & Regs. tit. 14, § 1020.9 in that the HIIP adopted and maintained a policy of involuntarily removing participants from the program without due process by relying on language inserted in its application for entry and conditions of participation which purports to either waive the right to due process or consent to arbitrary and capricious removal from the program. The defendants move to dismiss the Complaint ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.