United States District Court, E.D. New York
Andy Gayot, Plaintiff, Pro se, Riverhead, NY.
OPINION & ORDER
Sandra J. Feuerstein, United States District Judge.
On July 14, 2014, incarcerated pro se plaintiff Andy Gayot (" plaintiff") filed a complaint, pursuant to 42 U.S.C. § 1983, against Suffolk County Deputy Sheriff Bryan Maldonado (" Maldonado"), Corrections Officer Stilletto (" C.O. Stilletto") and the Suffolk County Correctional Facility (" the Jail") (collectively, " defendants"), accompanied by an application to proceed in forma pauperis .
Based upon the declaration in support of plaintiff's application to proceed in forma pauperis, plaintiff's financial status qualifies him to commence this action without prepayment of the filing fee. 28 U.S.C. § § 1914(a); 1915(a)(1). Therefore, plaintiff's request to proceed in forma pauperis is granted. However, for the reasons that follow, plaintiff's claims against C.O. Stilletto and the Jail are sua sponte dismissed for failure to state a claim for relief under 28 U.S.C. § § 1915(e)(2)(B)(ii) and 1915A(b)(1).
Plaintiff's complaint, submitted on the Court's § 1983 form, alleges that on February 26, 2014, as he was transported from the First Precinct in Babylon to the Courthouse in Central Islip, defendant Maldonado, upon learning that plaintiff had been charged with rape, subjected him to excessive force by " aggressively" performing a body search, which included kicking plaintiff about the shins as he faced a wall with his feet and hands spread. Compl. § IV. When plaintiff turned to ask what he had done wrong, Maldonado knocked him to the ground and six (6) or seven (7) other officers " piled on top of [plaintiff], punching [him] around [his] mid-section and legs." Id. Plaintiff requested and was denied medical attention. Id.
Later that evening and while plaintiff was at the Suffolk County Correctional Facility (" SCCF"), he was picked up by a member of the Sheriff's Emergency Response Team, who referred to plaintiff's criminal charges and said, " I know what you did." Id. While performing a body search, the unidentified officer struck plaintiff twice in his groin. Id. Plaintiff was then moved to a " stripped cell, " without a mattress, blankets, or hygiene products, where he was housed until March 5, 2014. Id.
On April 21, 2014, plaintiff was instructed to pack all of his belongings for holding in the Jail's property section. Id. On May 5, 2014, plaintiff was returned to the SCCF from Riker's Island and was advised that his property, including legal paperwork, was in long-term hold. Id. In anticipation of a scheduled court appearance, plaintiff made several written requests seeking the return of his belongings, to which no one responded. Id. On May 8, 2014, an unidentified Correction Officer (" C.O.") taunted plaintiff, in the presence of three (3) other officers and a Sergeant, by calling him " savage" and " rapist" in front of the other inmates. Id. While conducting a search of plaintiff's body, the C.O. used his knee to strike plaintiff in the groin and pulled plaintiff's pants up to his chest, thereby constricting his genitals. Id. On May 9, 2014, plaintiff filed a grievance against the C.O. and reported the incident to internal affairs. Id. On May 21, 2014, two (2) internal affairs' officers interviewed plaintiff and advised him that unless he sustained physical injuries, no disciplinary action would be taken against the C.O. Id. On the following day, the property clerk advised plaintiff that his property had been " lost" without a trace and that he would have to settle for duplicates from the law library. Id. Plaintiff explained that his property contained exculpatory evidence in the form of letters, including a submission by the alleged victim who, prior to the issuance of an order of protection against plaintiff, claimed that police coerced her into making a statement. Id.
As a result of the foregoing, plaintiff claims he suffered a dislocated thumb, right side pelvic and shoulder pain, chronic genital pain, bruising, depression and social anxiety. Id. at § IV. A. Plaintiff alleges that his requests for medical treatment have been ignored and seeks unspecified monetary compensation. Id. at § V.
A. In Forma Pauperis Application
Upon review of plaintiff's declaration in support of his application to proceed in forma pauperis, the Court finds that plaintiff's financial status qualifies him to commence this action without prepayment of the filing fees. See 28 U.S.C. § 1915(a)(1). Therefore, plaintiff's request to proceed in forma pauperis is granted.
B. Application of 28 U.S.C. § 1915
Under the in forma pauperis statute, 28 U.S.C. § 1915(e)(2)(B), a district court must dismiss a complaint if it is frivolous or malicious, fails to state a claim upon which relief may be granted or ...