Ackridge v. Aramark Corr. Food Servs., 16-CV-6301 (KMK)
| Decision Date | 30 March 2018 |
| Docket Number | No. 16-CV-6301 (KMK),16-CV-6301 (KMK) |
| Parties | RONALD M. ACKRIDGE, Plaintiff, v. ARAMARK CORRECTIONAL FOOD SERVICES; COUNTY OF WESTCHESTER; CAPTAIN ROBERTS; SERGEANT TOSI; CHAPLAIN OFFICE, Defendants. |
| Court | U.S. District Court — Southern District of New York |
Appearances:
Ronald M. Ackridge
Carmel, NY
Richard D. Lane, Esq.
Marshall Dennehey Warner Coleman & Goggin
Counsel for Defendants Captain Roberts, Chaplain Office, Sergeant Tosi, and County of Westchester
Joseph P. Wodarski, III, Esq.
Bradley L. Wilson, Esq.
Wilson Elser Moskowitz Edelman & Dicker LLP
Stamford, CT
Counsel for Defendant Aramark Correctional Services, LLC
Pro se Plaintiff Ronald M. Ackridge ("Plaintiff") brought the instant Action against the County of Westchester ("Westchester County"), Captain Roberts, the Chaplain Office, Sergeant Tosi (together, "County Defendants"), and Aramark Correctional Food Services ("Aramark," and together with County Defendants, "Defendants") alleging violations of his constitutional and state law rights for denial of kosher meals and regular Jewish services. 1 Specifically, Plaintiff brings federal claims under 42 U.S.C. § 1983 alleging Defendants violated his First, Fifth, Eighth, and Fourteenth Amendment rights; federal claims under the Religious Land Use and Institutionalized Persons Act ("RLUIPA"), 42 U.S.C. §§ 2000cc-1, et seq.; state law claims under New York Civil Rights Law, N.Y. Civ. Rights Law § 40-c; state law claims alleging violation of Article 1 § 3 of the New York State Constitution, N.Y. Const. art. I, § 3; state law claims under the Minimum Standards and Regulations for Management of County Jails and Penitentiaries ("Minimum Standards"), N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 7009.4, 7024.6 ("N.Y.C.R.R."); and state law claims for "[h]arassment, intentional infliction of emotional and mental stress, wanton disregard and indifference in wrongfully denying Plaintiff his customary religious kosher dietary meals and wrongfully and unlawfully denying Plaintiff his rights to attend and worship with [the] fellowship of Jewish Services." (See id.) Before the Court is County Defendants' Motion To Dismiss the Amended Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(6) (the "County Defendants Motion"), ( ) , and Aramark's Motion To Dismiss the Amended Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(6) (the "Aramark Motion"), . For the following reasons, the Motions are granted in part and denied in part.
The following facts are drawn from the Amended Complaint and are taken as true for the purpose of resolving the instant Motions. At the time of the events described herein, Plaintiff was an inmate at Westchester County Department of Correction ("WCDOC"). (Am. Compl. ¶ 9.)
Plaintiff arrived at WCDOC on February 4, 2016, at approximately 8:27 p.m. (Id.) WCDOC "processed [Plaintiff] to be of the Jewish faith" and Plaintiff "filled out [a] religious diet request for [k]osher meals." (Id.) For 18 days, from his February 4, 2016 date of admission until dinner on February 23, 2016, Plaintiff did not receive kosher meals. (Id. ¶ 11.)2 Plaintiff filed a grievance on February 22, 2016 requesting kosher meals "without further delay." On February 23, 2016, Sergeant Orness had Plaintiff approved to receive kosher meals, and a kosher meal was delivered that day.
According to Plaintiff, "Aramark, the Chaplain Office, and [WC]DOC systemically [sic] and routinely practice discrim[in]atory acts against Jewish inmates/detaine[e]s [by] denying Jewish detainees their request for kosher meal[s]." (Id. ¶ 10.) Additionally "[WC]DOC and [Westchester] County [were] well aware of the fact that Aramark has in the past, systemically [sic] denied Jewish inmates/detainees their religious [k]osher dietary meals, [b]ecause Plaintiff ha[d] on other prior occasions had to file grievances[] before Aramark would provide Plaintiff with his religious [k]osher dietary meals. (Id. ¶ 12.)3 Plaintiff alleges that "[WC]DOC took no steps to assure that incoming Jewish inmate/detainees receive their [k]osher dietary meals upon entry." (Id.) Instead, WCDOC "sys[y]temically and routinely ma[d]e Jewish detainees wait 3 to 6 weeks before providing them with [k]osher dietary meals." (Id.)
Plaintiff also alleges that he was denied "regular, weekly, Jewish services." (Id. ¶ 10.) Specifically, Plaintiff alleges he was permitted to attend only one Jewish religious service for Passover since his arrival at WCDOC on February 4, 2016, in violation of RLUIPA. (Id. ¶ 13.) According to Plaintiff, "[WC]DOC and [Westchester] County allow[] [the] Chaplain Office to disregard Jewish inmates/detainees rights to regular and/or weekly Jewish religious services." (Id.) Plaintiff made numerous requests and filed grievances regarding the lack of regular Jewish services. (Id.) Tosi denied Plaintiff's grievance, quoting § 7024.1(d) of the Minimum Standards, requiring that "equal status and protection shall be afforded all prisoners in the exercise of their religious beliefs, except when such exercise results in facility expenditures which are unreasonable or disproportionate to those extended to other prisoners for similar purposes." The response noted that WCDOC "does not house enough Jewish [i]nmates to warrant separate Jewish services," and that Rabbi Horowitz was instructed "to see to Plaintiff's religious needs." (Id.)
Plaintiff alleges that WCDOC, Westchester County, Aramark, and the Chaplain Office "knowingly [and] with total disregard pursued a policy and custom of deliberate indifference[] of the rights, needs[,] and laws of Jewish detainees/inmates . . . including Plaintiff, in its procedures for supervising and assuring that Jewish inmates/detainees are provided with religious [k]osher dietary meals and religious Jewish services." (Id. ¶ 14.) And, WCDOC and Westchester County "failed to institute a bona fide procedure and policy in which [D]efendants investigated Aramark and [the] Chaplain Office for wrongful[ly] and unlawfully denying Jewish inmates/detainees their religious kosher dietary meals and Jewish [s]ervices." (Id. ¶ 15.) According to Plaintiff, Westchester County and WCDOC "act[] as [m]unicipal policymakers in the hiring, contracting, training[,] and supervision of [D]efendants Aramark and [the] Chaplains Office; and have pursued a policy and custom of deliberate indifference to the religious rights, laws[,] and practice[s] of Jewish detainees, including Plaintiff," and "knowingly violat[ed] Plaintiff's rights to observe, practice[,] and worship his religious belief." (Id. ¶ 26.)
Plaintiff requests a judgment that Defendants violated his rights under federal and state law. (Id. 6.) Plaintiff also seeks $5,000,000 in compensatory damages and $5,000,000 in punitive damages, as well as attorney's fees and litigation expenses. (Id.)4
Plaintiff filed his initial Complaint on August 8, 2016 against Aramark Correctional Food Service, Westchester County Department of Correction, and Captain Roberts. (Compl. (Dkt. No. 2).) That same day, he filed a request to appear in forma pauperis, (Dkt. No. 1), which the Court granted, (Dkt. No. 5).5 On September 7, 2016, the Court issued an Order of Service, directing service on the named Defendants. (Dkt. No. 8.) On September 13, 2016, Plaintiff sought leave to file an amended complaint. (Dkt. No. 11.) That same day, Plaintiff filed a copy of the proposed Amended Complaint and requested that the Court direct service of the proposed Amended Complaint. (Dkt. No. 12.) On September 19, 2016, Plaintiff wrote the Court asking that the Amended Complaint be accepted. (Dkt. No. 13.)
On October 14, 2016, Plaintiff filed a "Notice of Motion for Summary Judgment," (Dkt. No. 19), along with a memorandum of law, supporting exhibits, and statement of material facts, (Dkt. Nos. 20, 21). On October 19, 2016, Plaintiff filed a supplemental memorandum of law. (Dkt. No. 22.) Pursuant to a memo endorsement, on October 20, 2016, the Court denied the Motion for Summary Judgment without prejudice, as discovery had not yet been conducted, and for failure to follow the Court's individual practices before filing a motion. (Dkt. No. 23.) In response to the denial, Plaintiff wrote to the Court on October 25, 2016 asking that the case proceed. (Dkt. No. 24.) Pursuant to a memo endorsement, on October 27, 2016, the Court informed Plaintiff that a Rule 16 conference would be scheduled once service was complete. (Dkt. No. 25.)
On October 27, 2016, the Court granted Plaintiff leave to file the Amended Complaint pursuant to a Memo Endorsement. (Dkt. No. 26.) On October 31, 2016, the Amended Complained was docketed, alleging claims against Westchester County Department of Correction, Captain Roberts, the Chaplain Office, Sergeant Tosi, and Westchester County. (Dkt. No. 27.) On January 19, 2017, Plaintiff wrote the Court requesting a Rule 16 Conference and renewed his demand for summary judgment. (Dkt. No. 33.) The Court scheduled a conference for February 15, 2017. (Dkt. No. 34.)6 County Defendants submitted a premotion letter on February 14, 2017, indicating the grounds on which County Defendants would move to dismiss. (Dkt. No. 40.) Aramark also submitted a premotion letter on February 14, 2017, indicating the grounds on which they would move to dismiss. (Dkt. No. 41.) The Court held a conference on February 15, 2017, and set a briefing schedule for...
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