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Brown v. Outhouse

September 27, 2010

KARO BROWN, PLAINTIFF,
v.
ROBERT OUTHOUSE, SHERIFF, CAYUGA COUNTY; C.O. WALBORN, CORRECTIONAL OFFICER, CAYUGA COUNTY JAIL; JOHN DOES, CORRECTIONAL OFFICERS, CAYUGA COUNTY JAIL, DEFENDANTS



The opinion of the court was delivered by: Gary L. Sharpe District Court Judge

MEMORANDUM-DECISION AND ORDER

I. Introduction

Pro se plaintiff Karo Brown brings this action under 42 U.S.C. § 1983 alleging violations of his rights under the United States Constitution and New York State law. (Dkt. No. 1.) In a Report-Recommendation and Order (R&R) filed July 9, 2010, Magistrate Judge George H. Lowe recommended that defendants' motion for summary judgment be granted.*fn1

(Dkt. No. 51.) Pending are Brown's objections to the R&R. (Dkt. No. 52.) For the following reasons, the R&R is adopted in its entirety.

II. Background

A. Factual History

On November 15, 2004, while detained at Cayuga County Jail, plaintiff Karo Brown was restrained and handcuffed by defendant Scott Walborn after violating a facility rule and allegedly acting in a verbally combative and hostile manner. (See R&R at 2-6, Dkt. No. 51.) Immediately following the incident, Brown was placed in segregated housing (RHU), where he requested medical attention. (See id. at 6.) The next day, Brown was personally examined by Jackie Chadwick, a registered nurse employed at the Cayuga County Jail. (See id.) Upon examination, Nurse Chadwick observed that Brown "did not complain of intense pain or discomfort," and concluded that "Brown displayed only superficial injuries[, which] needed no treatment... other than continued observation."*fn2 (Defs. Mem. of Law, Chadwick Aff. ¶¶ 10-11, Dkt. No. 39:3.) On December 14, 2004, Brown was again brought to the infirmary, this time complaining of a dislocated shoulder that he claimed was caused by the November altercation. (See id. at ¶ 13.) Again, however, the examining physician found no serious injury, observing that Brown's "left shoulder exhibited a full range of movement," and "prescrib[ing] only Advil as needed for discomfort." (Id.)

As a result of the November 15 incident, Brown received a misbehavior report and was required to appear at a disciplinary hearing. (See R&R at 7-8, Dkt. No. 151.) However, Brown was given no prior notice of the hearing and was not permitted to call other prisoners to testify as eyewitnesses. (Id. at 8.) Following the hearing, Brown was kept in RHU for sixty to ninety days. (Id.)

B. Procedural History

On November 2, 2009, Brown filed the present action, alleging that defendants violated his rights under the United States Constitution and New York State law by: (1) using excessive force against him; (2) denying him adequate medical care; and (3) denying him due process during his disciplinary hearing. (See Compl., Dkt. No. 1.) On June 10, 2009, Brown's state law claims and his medical care claim against defendant Walborn were dismissed, leaving in tact Brown's claims for excessive force and denial of procedural due process against Walborn, and his medical care claim against defendant Robert Outhouse, then Sheriff of Cayuga County. (See Dkt. No. 27.) On January 11, 2010, defendants moved for summary judgment on Brown's remaining claims. (Dkt. No. 39.) On July 9, 2010, Judge Lowe recommended that defendants motion be granted and that Brown's complaint be dismissed. (Dkt. No. 51.) Pending are Brown's objections to the R&R. (Dkt. No. 52.)

III. Standard of Review

Before entering final judgment, this court routinely reviews all report and recommendation orders in cases it has referred to a magistrate judge. If a party has objected to specific elements of the magistrate judge's findings and recommendations, this court reviews those findings and recommendations de novo. See Almonte v. N.Y. State Div. of Parole,No. 04-cv-484, 2006 WL 149049, at *6-7 (N.D.N.Y. Jan. 18, 2006). In those cases where no party has filed an objection, or only a vague or general objection has been filed, this court reviews the findings and recommendations of a magistrate judge for clear error. See id.

IV. Discussion

A. Excessive ...


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