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.

Joseph Colantuono v. S. Hockeborn

August 11, 2011

JOSEPH COLANTUONO, PLAINTIFF,
v.
S. HOCKEBORN, CLERK II, ET AL., DEFENDANTS.



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

DECISION AND ORDER

Plaintiff, James Colantuono, appearing pro se, commenced this action pursuant to 42 U.S.C. § 1983. Plaintiff, an inmate in the custody of New York State Department of Correctional Services ("DOCS"), alleges that his constitutional rights were violated in 2009 while plaintiff was confined first at Elmira Correctional Facility and then at Sullivan Correctional Facility. In general, all of plaintiff's claims stem from a disciplinary hearing held during May 2009 and plaintiff's subsequent confinement in the Special Housing Unit ("SHU") as a result of that hearing.

Plaintiff has sued a number of defendants, who at all relevant times were employees of DOCS.*fn1 Defendants have moved to dismiss the claims against them pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Plaintiff has not responded to defendants' motion, but he has filed a motion for appointment of counsel. For the reasons that follow, defendants' motion is granted, plaintiffs' motion is denied, and the complaint is dismissed.

BACKGROUND

On May 14, 2009, defendant Hockeborn, a female DOCS employee who is identified in the complaint as a "Clerk II" at Elmira, filed an Inmate Misbehavior Report against plaintiff, alleging that he had "lunged toward [her], bumped into [her], then reached under [her] coat and grabbed and squeezed [her] in her crotch." Dkt. #14 at 5. Both then and now, plaintiff has denied doing anything improper, contending that any contact between him and Hockeborn was accidental and unintentional, and that the incident alleged by Hockeborn "could not have happened because plaintiff is legally blind." Amended Complaint (Dkt. #4) ¶ 30.

Shortly after this incident or encounter between plaintiff and Hockeborn, plaintiff was placed on keeplock status. On May 15, 2009, plaintiff was served with a copy of Hockeborn's report, and a Tier III disciplinary hearing was begun on May 22, and concluded on May 29, 2009. Id. ¶¶ 17, 22.

Plaintiff requested, and was assigned, someone to assist him in connection with the disciplinary proceedings. Plaintiff met with his assistant, variously identified in the complaint as "T. Moots" and "T. Mootz," on May 20. Id. ¶ 18.

Defendant Captain Noeth presided over the hearing. Plaintiff alleges that he was provided with no assistant during the hearing, and that at no time was he given a large-print copy of the misbehavior report or other hearing papers. Id. ¶ 23. Noeth also allegedly refused to call a certain witness, Nurse Porter, that plaintiff had requested. At the conclusion of the hearing, plaintiff was found guilty and sentenced to two years in the Special Housing Unit ("SHU").

Following the hearing, Plaintiff remained at Elmira Correctional Facility until June 16, 2009, when he was transferred to Sullivan Correctional Facility. Plaintiff alleges that while he was at Elmira, he was not provided with any assistance for his day-to-day activities as a blind person, and that as a result, plaintiff fell and hurt himself. Id. ¶ 37. Similarly, plaintiff alleges that after he arrived at Sullivan, he was placed in an ordinary cell, with no accommodation for his disability, and that this "[r]esult[ed] in plaintiff falling, banging himself against objects." Id. ¶39.

Plaintiff's disciplinary hearing disposition was reversed on September 24, 2009.*fn2

Plaintiff alleges that his disciplinary record should have been expunged after the reversal, but that it was not. Plaintiff further alleges that he has been subjected to unfavorable treatment by other inmates and by administrative personnel because his record was not expunged.

The amended complaint does not set out separate causes of action, but alleges generally that the constitutional bases for plaintiff's claims are "due process, equal protection, denial of medical treatment, and malicious prosecution, ADA equal protection [sic]." Id. at 10.

DISCUSSION

I. Motions to Dismiss: General ...


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.