The opinion of the court was delivered by: Charles J. Siragusa United States District Judge
Jesse James Barnes ("Plaintiff"), a prison inmate in the custody of the New York State Department of Corrections and Community Supervision ("DOCCS"), is suing pursuant to 42 U.S.C. § 1983, alleging that Defendants violated his federal constitutional rights. Now before the Court are the following applications: 1) a motion to dismiss the complaint (Docket No. [#6]); 2) a motion to amend the complaint [#12]; 3) a motion for summary judgment [#18]; and 4) a second motion to amend the complaint [#27]. For the reasons that follow, Plaintiff's second motion to amend is granted, and the remaining applications are denied.
Plaintiff contends that his rights were violated during 2008 and 2009 at the Monroe County Jail ("the jail"), where he was confined during the pendency of criminal prosecutions against him. Complaint [#1] ¶ ¶ 1, 3. On March 22, 2010, Plaintiff commenced this action.
Plaintiff's Complaint (Docket No. [#1])
Plaintiff's Complaint [#1] asserts the following facts. In or about July 2008, Plaintiff was arrested, charged with burglary, and remanded to the jail pending trial. Id. at ¶ ¶ 21- 22.*fn1 On or about August 6, 2008, Plaintiff was fighting with another prisoner named Eades, when Deputy Newton ("Newton") jumped on Plaintiff's back, and then struck him in the mouth, knocking out one of Plaintiff's teeth. Id. at ¶ 29. Newton and two "John Doe" jail officers wrote a misbehavior report against Plaintiff, and placed him in the Special Housing Unit ("SHU"). Id. at ¶ 30. On October 11, 2008, Plaintiff was again placed in SHU by Sergeant DeRosa ("DeRosa"), Major Krenzer ("Krenzer"), Captain Jolly ("Jolly"), and "John Doe" Lieutenant. Id. at ¶ ¶ 31, 131. Plaintiff contends that his placement in SHU was retaliatory. Id. at ¶ 131. Plaintiff further contends that his placement in SHU violated his rights to due process. Id. at ¶ 144. On October 16, 2008, Krenzer sent Plaintiff a memo indicating that the circumstances of Plaintiff's arrest and his institutional record justified him being placed in SHU. Id. at ¶ 32. On October 20, 2008, Plaintiff sent correspondence to Sheriff O'Flynn ("O'Flynn"), complaining that DeRosa and Krenzer were discriminating against him and denying him due process. Id. at ¶ 33.
On October 26, 2008, Plaintiff sent a letter to an unnamed "defendant," asking to be moved to a different facility. Id. at ¶ 34. In that regard, Plaintiff alleges that Krenzer, DeRosa, Corporal Carlos ("Carlos"), Corporal Kennelley ("Kennelley"), Corporal Knapp ("Knapp"), Corporal Guest ("Guest"), Corporal Kimball ("Kimball"), Corporal Cavicchioli ("Cavicchioli"), Corporal Cardella ("Cardella"), Corporal Tripoli ("Tripoli"), Corporal S. Peck ("S. Peck"), Corporal T. Peck ("T. Peck"), Corporal Messura ("Messura"), Corporal Pratt ("Pratt"), Corporal Preston ("Preston"), Corporal Gatti ("Gatti"), Corporal Amatore ("Amatore"), Sergeant Bye ("Bye"), Sergeant McGowan ("McGowan"), Sergeant Mooney ("Mooney"), Sergeant Wheatley ("Wheatley"), Sergeant Palma ("Palma"), Lieutenant Horan ("Horan"), Lieutenant Kloner ("Kloner"), Lieutenant Kaiser ("Kaiser"), Lieutenant Dimatino ("Dimatino"), Captain Thomas ("Thomas"), and Jolly discriminated against him by placing him in the jail's "Mainframe" area "with all inner city minorities, where gang activity is rampant [and] hostile situations are most likely to occur with the character and the propensities of the specific minorities they deliberately put together." Id. at ¶ 35. Plaintiff alleges that Defendants do not place white prisoners in the Mainframe. Id. at ¶ 109. Plaintiff contends that O'Flynn, County Executive Maggie Brooks ("Brooks"), and Superintendent Ronald Harling ("Harling") have "acquiesced" in Monroe County's alleged discriminatory policy of housing inner city minorities together in the jail. Id. at ¶ ¶ 36, 46.
On November 7, 2008, Krenzer placed Plaintiff in keeplock for reasons that are unspecified in the Complaint. Id. at ¶ 37.
On November 18, 2008, Plaintiff was beaten by "two younger minorities," Alvin King ("King") and Michael Jones ("Jones"). Id. at ¶ 38.*fn2 A videotape of the incident shows King kicking and stomping Plaintiff. Id. at ¶ 39. Tyrone James ("James"), "a friend of Plaintiff's," "spoke with" Corporal Amatore ("Amatore") about the fact that Plaintiff was beaten by King and James. Id. at 40. Amatore moved Plaintiff to the reception area of the jail. Id. at ¶ 41.
On November 19, 2008, Plaintiff alleges that DeRosa placed him in SHU, because of "racial hatred." Id. at ¶ 42. Plaintiff states that Krenzer, Jolly, Horan, and Amatore were also involved in placing him in SHU, based on racial animus and revenge. Id. at ¶ 132.
Apart from claiming that he was placed in SHU because of "racial hatred," Plaintiff seems to indicate that he was placed in SHU as a consequence of his physical altercation with King and Jones, which was wrongful because the videotape of the incident shows Plaintiff being beaten. Plaintiff blames his confinement in SHU on Amatore, DeRosa, Krenzer, Harling, and O'Flynn. Id. at ¶ 43. Plaintiff contends that he was supposed to be released from SHU on December 17, 2008, but was kept in SHU until December 23, 2008. Plaintiff blames this delay on Amatore, DeRosa, Horan, Jolly, Krenzer, Harling, and O'Flynn. Id. at ¶ 44. Plaintiff claims that he notified O'Flynn, Krenzer, and Harling that he was improperly placed in SHU, but they did not intervene. Id. at ¶ 133.
After being released from SHU, Plaintiff was housed for three days in a reception cell which he contends was "atrociously filthy." Id. at ¶ 45. Plaintiff blames such placement on Knapp, Kennelley, Cardella, Peck,*fn3 and Tripoli. Id.
On December 26, 2008, Plaintiff told Tripoli that he did not want to be placed back in Mainframe housing area of the jail. According to Plaintiff, Tripoli responded that he did not care if Plaintiff got beaten up again in Mainframe, and that Plaintiff was either going to agree to be placed back in Main Frame or Tripoli would place him back in SHU. Id. at ¶ 47.
On January 19, 2009, Plaintiff was beaten up by three other prisoners. Id. at ¶ 48. Plaintiff contends that Deputy Willis ("Willis") and Deputy Waud ("Waud") "bragged" to inmates that Plaintiff had been attacked. Id.
On February 26, 2009, Waud made a comment to Plaintiff about the fact that Plaintiff had "a large bag of commissary items" in his cell. Id. at ¶ 49. Later that day, the bag of commissary items and other property was stolen from Plaintiff's cell. Id. at ¶ 50. Plaintiff contends that he was only absent from his cell for a short time, and that it would have required at least four prisoners acting together to steal his property. Id. at ¶ 51. He apparently believes that inmates Frye ("Frye"), Houston ("Houston"), Spivey ("Spivey"), and Mohammed ("Mohammed") stole his property. Plaintiff states that Waud was "a friend" of prisoners Frye and Houston, apparently suggesting that Waud orchestrated the theft. Id. at ¶ ¶ 52, 54. Plaintiff further states that on several occasions Waud called him "a piece of shit." Id. at ¶ 53.
Plaintiff alleges that there was videotape evidence of Frye, Houston, Spivey, and Mohammed stealing his property. Id. at ¶ 55. He further contends that Waud, S. Peck, Mooney, Officer DiMartino ("DiMartino"), and "John Doe Video Room Deputy" destroyed such videotape evidence. Id. Plaintiff further alleges that Brooks, O'Flynn, Harling, Thomas, Jolly, and Krenzer "acquiesced" in the conspiracy to destroy the evidence. Id. at ¶ 56.
On February 26, 2009, DeRosa allegedly told Plaintiff, "Hey Jessie, I see you got your ass kicked again." Id. at ¶ 57. The same day, Deputy Ruby ("Ruby") and a John Doe Defendant, who was apparently a sheriff's deputy, were talking in Plaintiff's presence, and the John Doe defendant commented that Plaintiff "got his ass kicked." Id. at ¶ ¶ 59-60. Plaintiff further contends that the John Doe deputy smirked at him and tapped his finger on his service revolver. Id. at ¶ 61. Subsequently, a "Jane Doe Nurse" commented that Plaintiff "always gets his ass kicked." Id. at ¶ 65.
Between February 27, 2009 and March 2, 2009, Plaintiff was housed in a booking cell, during which time he maintains that Krenzer, Harling, and Jolly denied him ...