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William Hepworth v. Parole Officer C. Mencarelli

June 4, 2012

WILLIAM HEPWORTH, PLAINTIFF,
v.
PAROLE OFFICER C. MENCARELLI, PAROLE OFFICER MEYERS, PAROLE OFFICER MASTRONAED, PAROLE OFFICER M.S. TUTINO, PAROLE OFFICER M.R. GAGE, PAROLE OFFICER LISA HOY, PAROLE OFFICER M.R. TORRES, B. SMITH, DEFENDANTS.



The opinion of the court was delivered by: Seybert, District Judge:

ORDER

Before the Court is the Complaint of incarcerated pro se plaintiff William Hepworth ("Plaintiff") filed pursuant to 42 U.S.C. § 1983 against the defendants, C. Mencarelli, Meyers, Mastronaed, M.S. Tutino, M.R. Gage, Lisa Hoy, M.R. Torres, all of whom are New York State parole officers as well as defendant B. Smith, who is the Superintendent of Mid-State Correctional Facility. Accompanying the Complaint is an application to proceed in forma pauperis. Upon review of the Plaintiff's declaration in support of his application, the Court finds that his financial status qualifies him to proceed without prepayment of the filing fee. Accordingly, Plaintiff's request for permission to proceed in forma pauperis is GRANTED. However, for the reasons that follow, the Plaintiff's Complaint is sua sponte dismissed against all of the Defendants with the exception of Mencarelli and Meyers in their individual capacities pursuant to 28 U.S.C. §§ 1915(e)(2)(B)(iiiii), 1915A(b)(1)-(2) because it seeks monetary relief against Defendants who are immune from such relief and fails to state a claim upon which relief may be granted.

BACKGROUND

Plaintiff, who is currently incarcerated at Mid-State Correctional Facility, claims that in March 2010 he was on parole and was "dating Angela Gray ("Gray") full-time . . . and [her] family loved me." Compl. at ¶ IV. Plaintiff alleges that Gray's family did not know that he was on parole until June 2010 when his parole officer, Defendant Mencarelli, went to Gray's parents' house and informed her father and brother that:

Im [sic] on parole and Im [sic] a violent man and Im [sic] a mental case and been to prison four different times and I should not be with Angela and don't [sic] let me in there [sic] house anymore and make Angela leave me. . . I was living at Piligrim [sic] State Mental Health Hospital . . . [as well as] my whole mental health background.

Compl. at ¶ IV and page one of Plaintiff's handwritten attachment annexed thereto. Plaintiff also claims that Defendant Mencarelli came to see Plaintiff while he was at Pilgrim State Mental Heath Hospital while Gray was visiting him and Mencarelli allegedly: told me to leave the room so she can talk she told Angela Gray I almost killed my wife and Im [sic] a violent man and look ware [sic] Billy lives and that mental health patients are fucking retarts [sic] and Billy is a retard and Angela you and Billy are no longer to be with each other which Angela and me rejected . . . .

Id. Plaintiff claims that the day following the above-described visit from Mencarelli, Plaintiff was again visited by Mencarelli who is alleged to have: put a G.P.S. tracking system on my leg so Angela Gray and I can no longer be together and made me sign paper work to stay away from her . . . . Because of this P.O. C. Mencarelli put emotional distress in me and caused distance and trouble between Angela Grays [sic] whole intire [sic] family. P.O.

C. Mencarelli exceed[ed] her authority and violated Professional Ethics and Conduct of the United States . . . .

Id. Plaintiff alleges that notwithstanding Mencarelli's efforts to keep Plaintiff from Gray, they stayed together as a couple. According to the Complaint, Plaintiff was then transferred to another Parole Officer, defendant Meyers, "and he also would not let [Plaintiff] be with Angela Gray and made [Plaintiff] ware [sic] that G.P.S. Tracking System . . . . " Id. at page 2 of the attachment to the Complaint.

Plaintiff continues:

P.O. Meyers was so sick in the head he would park in his car at 5:30 AM at Pilgrim State Hospital Crisis Center and if he seen [sic] me talking to one of the female residents there he would harass [sic] them to show him there [sic] I.D. to see if it was Angela Grey.

Id. Further, Plaintiff claims that

P.O. Meyers threaten me bodily harm a couple of times stating if I catch you with Angela Im [sic] going to kick your ass and put you in the hospital and violate your parole which I did not pay no mind to him and Angela and I still kept on being with each other. . . ."

Id. at page 3 of the attachment to the Complaint. Plaintiff describes that, on September 7, 2010, he was drinking at Captree State Park with Gray and she "went into a blackout." Id. According to Plaintiff, he took the car keys from Gray and pushed her while she was standing outside the car at which time he put the car in drive and ran over her foot. Id. Plaintiff claims that he then picked her up and put her in the car and drove back to Pilgrim State where she "ran out of the car . . . and a NYS Police Officer pulled up and she said I hit her . . . ." Id.

Plaintiff claims that he filed a complaint with "NYS DOCS Commissioner Brian Fisher about C. Mencarelli" and since doing this:

3 parole officers Parole Officer Tutino Parole officer Gage, SR Parole Officer Lisa Hoy here at Mid-State C.F. and my Field Parole Officer Torres . . . will not let me out of prison. My parole violation hold expired on 11-24-11 these four parole officers will not do there [sic] jobs to find me a place to live so I can be released. This is due to ...


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