United States District Court, W.D. New York
EUGENE A. TODIE, Plaintiff,
BUFFALO HALF-WAY HOUSE, INC., LESLIE GREATHOUSE, JACQUELINE DIGGS, MS. GRIGGS, TRACY WOODS, MR. DAVIS, Defendants.
DECISION AND ORDER
HONORABLE MICHAEL A. TELESCA United States District Judge
pro se, Eugene A. Todie (“Todie” or
“Plaintiff”) instituted this action against the
Buffalo Half-Way House, Inc. (“Buffalo Halfway
House”) and the individual defendants, who are or were
employees of Buffalo HH (collectively,
“Defendants”). Plaintiff asserts violations by
Defendants of “17 C.F.R. § 240.15(c)1-2 [sic],
” “28 U.S.C. § 1983 [sic], ” “42
U.S.C. § 1320d-5, ” “31 U.S.C. §§
3729-3733, ” and “New York State law.”
(Complaint ¶ 8(C)). According to Plaintiff, these
injuries were sustained after he was transferred from FCI
Allenwood (ALM) to Buffalo Halfway House in May of 2012,
where he apparently resided until completing the sentence of
imprisonment entered against him in this Court.
Legal Standards on Initial Screening
Complaint is before this Court for initial screening under 28
U.S.C. § 1915A. Section 1915A requires district courts
to review complaints filed by pro se plaintiffs
“before docketing, if feasible or, in any event, as
soon as practicable after docketing, ” and “to
dismiss such complaints if, upon review, the court determines
that the complaint fails to state a claim upon which relief
can be granted or that the claims raised are frivolous or
malicious.” Larkin v. Savage, 318 F.3d 138,
140 & n. 2 (2d Cir. 2003) (citing 28 U.S.C. §
initial screening, the court must “[r]ead[ ] [the
litigant]'s pro se complaint broadly, ”
Nance v. Kelly, 912 F.2d 605, 606 (2d Cir. 1990)
(citation omitted). A court should not dismiss a complaint if
the Plaintiff has stated “enough facts to state a claim
that is plausible on its face.” Bell Atl. Corp. v.
Twombly, 550 U.S. 544, 570 (2007).
Overview of Plaintiff's Complaint
The First Cause of Action
Plaintiff's First Cause of Action (see Compl.
¶¶ 10-38) sets forth allegations of
“unsanitary/unhealthy preexisting” conditions at
Buffalo Halfway House such as “[p]arasitic vermin
infesting the kitchen” and inadequate handwashing
stations and supplies of soap. Plaintiff also alleges he was
forced to “surrender his medications” to Buffalo
HWH management which deprived him of the “sense of
control” over his medical condition that he had while
at Allenwood FCI (ALM), and was denied crackers or milk with
which to take his medications. Plaintiff also accuses
Resident Manager Tracy Woods (“Woods”), to whom
he had to turn over his medications, of being a drug abuser.
Plaintiff asserts that the allegations set forth under the
First Cause of Action show that Associate Director Jacqueline
Diggs (“Diggs”) “and her coworkers”
violated “17 C.F.R. Ch. 2 § 240.15(c)1-2, along
with New York State, other Federal Laws and as previously
mentioned, a count of HIPPA [sic] proxy violation[, ]”
and the Eighth Amendment. (Compl. ¶38). The only dates
alleged as relevant to the First Cause of Action are June 6,
2012, and June 8, 2012.
The Second Cause of Action
Second Cause of Action (see Compl. ¶¶
39-67) sets forth additional allegations of denying Plaintiff
his medications and food to take the medications with,
forcing him to change the pay telephone he was using multiple
times during a phone call which cost him “an egregious
amount of money, ” arbitrarily denying extensions of
time when he was late returning to the Buffalo Halfway House
due to unfamiliarity with the public transportation system,
engaging in “outrageous displays of disrespect”
to Plaintiff and his family, and filing a “false
violation notice” that resulted in Plaintiff's
being returned to prison.
The Third Cause of Action
Third Cause of Action (Compl. ¶¶ 68-79) primarily
complains that Diggs ordered the kitchen staff at the Buffalo
Halfway House to discontinue Plaintiff's evening snack
which allegedly resulted in the deterioration of his medical
condition on June 28, 2012.
The Fourth ...