United States District Court, N.D. New York
JOSEPH J. REID, SR., Plaintiff,
V. MARZANO, Correctional Officer, M. VERNE, Correctional Officer, SGT. MATTHEW ROZANSKI, Defendants.
J. Reid Sr. Plaintiff, pro se
ERIC T. SCHNEIDERMAN Attorney General for the State of New
York Attorneys for Defendants
W. HICKEY, AAG
DECISION AND ORDER
D'Agostino, U.S. District Judge
19, 2015, Plaintiff Joseph J. Reid Sr. filed the complaint in
this action alleging that Defendants Corrections Officer V.
Marzano, Corrections Officer M. Verne, and Sergeant Matthew
Rozanski violated his Eighth Amendment rights. See
Dkt. No. 1. Defendants moved for summary judgment, and
Magistrate Judge Christian F. Hummel issued a
Report-Recommendation and Order recommending that the Court
grant Defendants' motion in part and deny it in part.
See Dkt. Nos. 62, 73. Plaintiff did not file any
objections. For the following reasons, the
Report-Recommendation and Order is adopted in part and
rejected in part.
complaint, Plaintiff alleges that on May 10, 2015, he was
attacked by Officer Marzano while getting breakfast at the
mess hall. See Dkt. No. 1 at 4. When Plaintiff tried
to report the attack to Sergeant Rozanski, he was tackled to
the ground and handcuffed by Officer Marzano. See
Id. Plaintiff was then escorted to the special housing
unit ("SHU"), where he was hit in the face by
Officer Verne until Sergeant Rozanski opened the door and
told Officer Verne to "start wrapping the fun up"
because a nurse was coming. See Id. Defendants'
account of that day is very different. According to
Defendants, Plaintiff had an unprovoked outburst, refused to
obey commands, and punched Officer Marzano in the face.
See Dkt. No. 62-2 at ¶¶ 4-7. When
Plaintiff was taken to SHU, he refused Officer Verne's
order to comply with a strip frisk. See Id. at
¶ 15. Plaintiff then turned aggressively toward Officer
Verne with his fists raised, and Officer Verne used a leg
sweep to bring Plaintiff to the ground. See id. at
result of the events that took place on May 10, 2015,
Plaintiff was subject to a Tier III disciplinary hearing and
found guilty of several charges, including assault on staff,
violent conduct, and creating a disturbance. See
Dkt. No. 62-5 at 30-31. Additionally, Plaintiff was charged
with criminal assault in Jefferson County, New York.
See Dkt. No. 62-6. Plaintiff pleaded guilty to third
degree assault in Jefferson County Court, and on May 13,
2016, he was sentenced to time served. See Id. at
26, 2017, Defendants moved for summary judgment in this case
arguing that Plaintiff's claims must be dismissed because
a favorable judgment in this case would "necessarily
imply the invalidity" of Plaintiff's underlying
criminal conviction. See Dkt. No. 62-1 at 1 (citing
Heck v. Humphrey, 512 U.S. 477 (1994)). Magistrate
Judge Hummel issued a Report-Recommendation and Order
recommending that this Court grant Defendants' motion for
summary judgment as to Officer Marzano but deny summary
judgement as to Officer Verne and Sergeant Rozanski.
See Dkt. No. 73 at 18-19.
reviewing a report and recommendation, a district court
"may accept, reject, or modify, in whole or in part, the
findings or recommendations made by the magistrate
judge." 28 U.S.C. § 636(b)(1)(C). When a party
makes specific objections to a magistrate judge's report,
the district court engages in de novo review of the
issues raised in the objections. See id.; Farid
v. Bouey, 554 F.Supp.2d 301, 307 (N.D.N.Y. 2008). When a
party fails to make specific objections, the court reviews
the magistrate judge's report for ...