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.

Nash v. McGinnis

November 13, 2008

NEHEMIAH NASH, PLAINTIFF,
v.
MICHAEL MCGINNIS, STANLEY SEPIOL, JAMES P. MEEHAN, GREGORY T. MANOS, MARK J. SHEREMETA, RAYMOND R. KEENAN, DOUGLAS D. WESTERVELT, KATHLEEN A. WASHBURN, C.O. COLLINS, LARRY C. GLEASON, CHRISTOPHER F. KAMAS, LIEUTENANT AUGUSTINE, ANGELA BARTLETT, SUPERINTENDENT ARTUS, DEFENDANTS.



The opinion of the court was delivered by: David G. Larimer United States District Judge

DECISION AND ORDER

Plaintiff, Nehemiah Nash, appearing pro se, commenced this action under 42 U.S.C. § 1983. Plaintiff, an inmate in the custody of the New York State Department of Correctional Services ("DOCS"), alleges that his constitutional rights were violated in a number of ways during his confinement at the Southport and Clinton correctional facilities, and at DOCS's Central New York Psychiatric Center ("CNYPC").

Defendants have moved to dismiss most of plaintiff's claims pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. For the following reasons, the motion is granted.

DISCUSSION

I. Motions to Dismiss under Rule 12(b)(6)

Rule 12(b)(6) motions are now analyzed under a slightly different standard than they were prior to the Supreme Court's recent decision in Bell Atlantic Corp. v. Twombly, ___ U.S. ___, 127 S.Ct. 1955 (2007). Prior to Twombly, courts would generally deny a motion to dismiss if there were "any set of facts" consistent with the allegations of the complaint that would entitle the plaintiff to relief. See, e.g., Hill v. City of New York, 45 F.3d 653, 657 (2d Cir. 1995); Gilmore v. University of Rochester, 410 F.Supp.2d 127, 131 (W.D.N.Y. 2006).

In Twombly, however, the Supreme Court declared that the "any set of facts" standard had "earned its retirement." 127 S.Ct. at 1969. The Court explained that to defeat a motion to dismiss, "a plaintiff's obligation ... requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do. Factual allegations must be enough to raise a right to relief above the speculative level." Id. at 1964-1965 (citations omitted).

Thus, where a plaintiff "ha[s] not nudged [his] claims across the line from conceivable to plausible, [his] complaint must be dismissed." Id. at 1974. A "plausible" entitlement to relief exists, then, when the allegations in the complaint move the plaintiff's claims across the line separating the "conclusory" from the "factual," and the "factually neutral" from the "factually suggestive." Id. at 1966 n. 5.

"[T]his plausibility standard governs claims brought even by pro se litigants." Robles v. Bleau, No. 9:07-CV-0464, 2008 WL 4693153, at *5 (N.D.N.Y. Oct. 22, 2008) (citing Jacobs v. Mostow, 281 Fed.Appx. 85, 87 (2d Cir. 2008), and Boykin v. KeyCorp, 521 F.3d 202, 215-16 (2d Cir. 2008)). At the same time, however, the Court is mindful that even after Twombly, a "document filed pro se is to be liberally construed and a pro se complaint, however inartfully pleaded, must be held to less stringent standards than formal pleadings drafted by lawyers." Boykin, 521 F.3d at 214. Nevertheless, all pleadings, pro se or otherwise, must contain enough factual allegations to "give the defendant fair notice of what the ... claim is and the grounds upon which it rests." Id. (quoting Erickson v. Pardus, ___ U.S. ___, 127 S.Ct. 2197, 2200 (2007)) (additional internal quotation marks omitted). With that standard in mind, I turn to the several claims asserted in the complaint and to defendants' motion.

II. Plaintiff's Claims

A. Eighth and Ninth Amendment Claims

In most of his causes of action, plaintiff alleges that defendants violated his rights under the Eighth and Ninth Amendments to the United States Constitution. All such claims in this action must be dismissed.

The Eighth Amendment provides that "[e]xcessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." The "cruel and unusual punishments" clause protects inmates from the use of excessive force and from prison officials' deliberate indifference to inmates' serious medical needs. See, e.g., Hemphill v. New York, 380 F.3d 680, 681 (2d Cir. 2004); Thompson v. Maldonado, 309 F.3d 107, 108-09 (2d Cir. 2002). None of Nash's allegations relate to any such acts, however. No physical injury of any kind is alleged in Nash's complaint.

Likewise, Nash's allegations do not implicate the Ninth Amendment, which provides that "[t]he enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." Neither the Eighth nor the Ninth ...


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.