Cox v. Mass. Dep't of Corr.
| Decision Date | 12 March 2014 |
| Docket Number | Civil Action No. 13–10379–FDS. |
| Citation | 18 F.Supp.3d 38 |
| Court | U.S. District Court — District of Massachusetts |
| Parties | William COX, Plaintiff, v. MASSACHUSETTS DEPARTMENT OF CORRECTION; Harold W. Clarke, former Commissioner of the Department of Correction, in his official and individual capacities; Luis S. Spencer, Commissioner of the Department of Correction, in his official and individual capacities; Steven J. O'Brien, Superintendent of the Old Colony Correctional Center, in his official and individual capacities; Katherine Chmiel, Deputy Commissioner of the Classification, Programs, and Reentry Division of the Department of Correction, in her official and individual capacities; and Veronica Madden, Associate Commissioner of Reentry and Reintegration of the Department of Correction, in her official and individual capacities, Defendants. |
Rosemary C. Scapicchio, Law Office of Rosemary C. Scapicchio, Amy L. Codagnone, Boston, MA, for Plaintiff.
Veronica E. Dedosantos, Department of Correction, Boston, MA, for Defendants.
MEMORANDUM AND ORDER ON DEFENDANTS' MOTION TO DISMISS
This is a civil rights and tort action brought by a mentally disabled prisoner. Plaintiff William Cox alleges that the Massachusetts Department of Correction (“DOC”) lacks a proper mental-health facility and places vulnerable, mentally ill prisoners among violent inmates, and that as a result he has suffered sexual abuse in violation of his constitutional rights.
On February 25, 2013, Cox filed a complaint against DOC; Harold W. Clarke, former Commissioner of DOC; Luis S. Spencer, Commissioner of DOC; Steven J. O'Brien, superintendent of Old Colony Correctional Center; Katherine Chmiel, Deputy Commissioner of the Classification, Programs, and Reentry Division of DOC; and Veronica Madden, Associate Commissioner of Reentry and Reintegration of DOC. The complaint asserts claims for violation of plaintiff's rights under the Eighth and Fourteenth Amendments to the U.S. Constitution, pursuant to 42 U.S.C. § 1983 ; violation of his rights under Article I of the Massachusetts Declaration of Rights; and violation of the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101 et seq.1 Plaintiff seeks compensatory and punitive damages, attorney's fees and costs, and preliminary and permanent injunctions requiring defendants to cease its allegedly unconstitutional and unlawful practices.
On June 12, 2013, defendants moved to dismiss the complaint for failure to state a claim upon which relief can be granted pursuant to Fed.R.Civ.P. 12(b)(6). For the reasons set forth below, the motion to dismiss will be granted in part and denied in part.
Unless otherwise noted, the facts are presented as stated in the complaint.
In 1989, the Governor's Special Advisory Panel on Forensic Mental Health recommended that DOC establish a comprehensive mental-health center that could serve as an alternative to prison segregation and transfer to Bridgewater State Hospital. (Compl. ¶ 17). DOC discussed the recommendation with Prison Mental Health Service, its mental-health vendor, in 1990, but ultimately did not implement the recommendation. (Compl. ¶ 18).
On March 20, 2006, the Joint Mental Health and Substance Abuse Committee of the Massachusetts Legislature held an oversight hearing. The Committee heard testimony from Dr. Kenneth Appelbaum, who testified that DOC had a “dire need” for a high-security residential-treatment facility as an alternative to segregation for prisoners with mental illness, and that the number of mental-health clinicians was inadequate. It also heard from family members of prisoners who had committed suicide in segregation. The then-Superintendent of the DOC asserted at the hearing that the existing policies provided adequate protection to prisoners with mental illness. (Compl. ¶ 22).
In September 2006, DOC commissioned a suicide-prevention assessment from the National Center on Institutions and Alternatives. The resulting report, the Hayes Report, recommended that DOC develop alternative placement options for inmates suffering from mental illness who needed greater supervision than the general population. (Compl. ¶ 20).
In 2007, the Disability Law Center filed a class-action suit on behalf of Massachusetts prisoners with mental illnesses against DOC and various employees. (Compl. ¶ 22). The Disability Law Center and DOC entered into a settlement on April 12, 2012, which was approved by the District Court (Wolf, J.). At the time, the Court acknowledged that DOC had begun independent initiatives in 2007 to improve conditions for prisoners with mental illness in correction facilities. (Compl. ¶¶ 23–24, Exs. 2, 3). See Disability Law Ctr. v. Massachusetts Dep't of Correction, 960 F.Supp.2d 271 (D.Mass.2012).
William Cox is a 53–year–old man with an intelligence quotient (“IQ”) of 55 who has been diagnosed with mental retardation
. (Compl. ¶ 11). He cannot read or write and cannot dial a telephone. (Compl. ¶ 16).
Cox was convicted of second-degree murder in 2007. He then entered the custody of DOC. (Compl. ¶ 12). He began serving his sentence at Massachusetts Correctional Institution (“MCI”) Cedar Junction on February 6, 2007. He was later referred to Bridgewater State Hospital. He was discharged from Bridgewater on December 10, 2007, and transferred to Souza–Baranowski Correctional Center, a maximum-security prison. (Compl. ¶¶ 14–16). His medical records indicate that he had difficulty adjusting to MCI Cedar Junction because of his cognitive deficits and because he had been a target of other inmates. (Compl. ¶ 15).
Cox's incarceration records indicate that he is a particularly vulnerable inmate. For example, a DOC mental-health progress note written on February 8, 2007, states that he “appears to be at risk of being a target of stronger inmates in this environment.” A Bridgewater State Hospital Discharge Summary dated December 12, 2008, notes that he was being targeted by other prisoners and instructs that he needs assistance with housing placement “given his limitations and potential for being targeted by other inmates.” (Compl. ¶¶ 35–36).
Cox contends that DOC has improperly classified him to higher-security institutions. In August 2007, DOC initially classified him as a medium-security prisoner, but that classification was overridden by the Superintendent and the Commissioner changed his classification to maximum security. (Compl. ¶ 39). At classification hearings in 2008 and 2009, DOC assigned Cox additional points for a history of escape and prior institutional violence. According to the complaint, he did not, in fact, have any recorded disciplinary reports. (Compl. ¶¶ 40–45).
On January 25, 2010, DOC recommended that Cox be transferred to a medium-security facility. (Compl. ¶ 47). However, as of one month later, on February 25, 2010, Cox had not been transferred. Instead, he was residing in the “multipurpose unit” at Old Colony Correctional Center (“OCCC”) in Bridgewater, Massachusetts. (Compl. ¶ 26). That day, in Cox's cell, Keith Strickland, Barry Green, and Jesse Descavich raped him by holding his neck and arms and attempting to put a deodorant container in his anal cavity. (Compl. ¶ 27, Ex. 6). An informant notified OCCC of the incident. Cox confirmed the incident to Vanessa Martino Fleming, his mental-health worker, and IPS Sergeant Maryann Lewis. (Compl. ¶ 28, Ex. 6). DOC conducted an investigation and informed the Plymouth County District Attorney, who brought charges against Strickland, Green, and Descavich. (Compl. ¶¶ 29–31).
The complaint alleges that other inmates have mistreated Cox throughout his imprisonment. They have given him candy and other treats to manipulate him into cooperating with them. They have raped and molested him. (Compl. ¶ 32). Allegedly, this sometimes has occurred within the sight of DOC staff. (Compl. ¶ 37). As a result of these incidents, Cox has suffered extreme emotional distress. (Compl. ¶¶ 53–54).
Harold W. Clarke was the Commissioner of DOC in 2010; Luis Spencer is the current Commissioner. The Commissioner has ultimate responsibility for and control over inmates in DOC's custody, including Cox. (Compl. ¶¶ 6–7). Steven J. O'Brien is the Superintendent of OCCC and has responsibility for the care and custody of OCCC inmates, including Cox. (Compl. ¶ 8). Katherine Chmiel is the Deputy Commissioner of Classification, Programs, and Reentry Division of DOC. In that position, she is responsible for Health Services, the Division of Inmate Risk and Placement, and the Classification Division. (Compl. ¶ 9). Veronica Madden is the Associate Commissioner of Reentry and Reintegration of DOC. In that position, she supervises Inmate Health Services, including the provision of mental-health care to prisoners in segregation. (Compl. ¶ 10). Plaintiff contends that defendants, as employees and representatives of DOC, were (and are) aware of the reports and recommendations regarding inmates with mental illnesses. (Compl. ¶ 25).
Cox filed a grievance on March 12, 2010, through his attorney at Prisoners' Legal Services.2 On May 11, 2010, in an oral decision, DOC granted his request for a transfer and denied his request for monetary damages. (Compl. ¶¶ 48–49; see Complaint, Ex. 1 at 63–65, 69–72; Mot. Dismiss, Ex. 3). Cox appealed the partial denial. On May 29, 2010, DOC stated that it would move Cox to North County Correctional Institution in Gardner, but denied his request for compensation pending further investigation. (Compl. ¶¶ 50–52).
On February 25, 2012, Cox filed suit in this Court.
On a motion to dismiss, the Court “must assume the truth of all well-plead[ed] facts and give plaintiff the benefit of all reasonable inferences therefrom.” Ruiz v. Bally Total Fitness Holding Corp., 496 F.3d 1, 5 (1st Cir.2007) (citing Rogan v. Menino, 175 F.3d 75, 77 (1st Cir.1999) ). To survive a motion to dismiss, the complaint must state a claim...
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