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.

Todie v. Buffalo Half-Way House Inc.

United States District Court, W.D. New York

February 11, 2017

EUGENE A. TODIE, Plaintiff,
v.
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

         I. Introduction

         Proceeding 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.

         II. Legal Standards on Initial Screening

          The 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. § 1915A).

         On 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).

         III. Overview of Plaintiff's Complaint

         A. 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.

         B. The Second Cause of Action

         Plaintiff's 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.

         C. The Third Cause of Action

         Plaintiff's 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.

         D. The Fourth ...


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.