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.

Jesse Taylor v. Brian Fischer

January 19, 2012

JESSE TAYLOR, PLAINTIFF,
v.
BRIAN FISCHER, COMMISSIONER OF NYSDOC., ET AL., DEFENDANTS.



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

DECISION AND ORDER

Plaintiff, Jesse Taylor, appearing pro se, filed this action under 42 U.S.C. § 1983. Plaintiff, an inmate in the custody of the New York State Department of Corrections and Community Supervision ("DOCCS"), has sued eight defendants, all of whom were at all relevant times employed by DOCCS, alleging that they violated his constitutional rights in connection with certain incidents in 2010, while plaintiff was confined at Five Points Correctional Facility. Defendants have moved for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure.

BACKGROUND

Plaintiff alleges that on July 17, 2010, he was working in the mess hall at Five Points, pursuant to his participation in the food service program at that facility. Apparently there was an "incident" of some kind, see Complaint ¶ 14, as a result of which plaintiff was escorted out of the mess hall, and charged with making a threat. Complaint ¶ 25.

A Tier III hearing was held on that charge, at the end of which plaintiff was found not guilty. Complaint ¶¶ 31-39. Plaintiff spent several days in the Special Housing Unit ("SHU") between the time that he was charged and the time that he was found not guilty.

Afterwards, plaintiff sought to return to the food service program, but that request was denied for "security reasons," based on a report that been issued in connection with the July 17 incident. Complaint ¶¶ 42, 87. Plaintiff was subsequently entered in the cabinet-making program at Five Points, although he was later removed from that program as well, as a result of a later disciplinary violation. Def. Rule 56 Stmt. (Dkt. #7). That later violation is not at issue in this lawsuit.

Based on these allegations, plaintiff has asserted three causes of action, although they encompass several different grounds for relief. The first alleges that plaintiff was "wrongfully confined, falsely imprisoned, [and] subjected to malicious prosecution." Complaint ¶ 68. The second alleges that defendants caused plaintiff to suffer emotional distress, that they failed to abide by applicable New York rules and regulations, and that they "retaliated against him for being found not guilty" on the misbehavior charge. Complaint ¶ 83. The third cause of action alleges that defendants Fischer, Lempke, and Zenzen were "negligent in failing to properly train and supervise subordinates and failed to correct or remedy wrong's [sic] once learned of." Plaintiff seeks $1.5 million in damages. Complaint ¶ 128.

DISCUSSION

I. Official-Capacity Claims

Plaintiff has sued all defendants both in their individual and official capacities. All claims in their official capacities are barred under the Eleventh Amendment to the United States Constitution.

Claims for damages against state employees in their official capacities are deemed claims against the state itself, and are barred by the Eleventh Amendment. See Kentucky v. Graham, 473 U.S. 159, 166 (1985); Dube v. State Univ. of New York, 900 F.2d 587, 594--95 (2d Cir. 1990); Brown v. New York State DOCS, 583 F.Supp.2d 404, 411 (W.D.N.Y. 2008). Since plaintiff seeks no relief other than money damages, all of his official-capacity claims must be dismissed.

II. Constitutional Claims

Plaintiff's claims of false arrest, malicious prosecution, and retaliation must likewise be dismissed. For one thing, "[t]he Second Circuit has held that the issuance of false misbehavior reports against an inmate by corrections officers is insufficient on its own to establish a denial of due process ... ." Colantuono v. Hockeborn, 801 F.Supp.2d 110, 116 (W.D.N.Y. 2011) (citing Freeman v. Rideout, 808 F.2d 949, 952 (2d Cir. 1986)) (internal quote omitted).

Second, where a prisoner's period of incarceration is not impacted by disciplinary proceedings, the inmate has no claim for false arrest or malicious prosecution under section 1983. ...


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.