Ashford v. Hawkinberry
| Decision Date | 02 June 2016 |
| Docket Number | 2:14-CV-01718-CRE |
| Parties | AILEAF ASHFORD, Plaintiff, v. ROBERT HAWKINBERRY, LT. PARKER, CAPTAIN WORKMAN, LT. LOWTHER, SGT. RICHTER, SGT. PLETCHER, SGT. FRIEND, ASHLEY COTTON, C.O. DONGILLI, C.O. PELLIS, C.O. EGROS, C.O. DISALVA, C.O. GARLAND, C.O. HALEY, C.O. NEWMAN, SGT BRIAN TANNER, BRIAN COLEMAN, SUPERINTENDENT; ERIC B. PORTER, ADMINISTRATOR OF THE ESTATE OF BRADEN MCKNIGHT; AND CAPTAIN FORTE, Defendants |
| Court | U.S. District Court — Western District of Pennsylvania |
Presently pending before the Court for disposition is Defendants' motion to dismiss for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6) [ECF No. 65]. The motion is fully briefed and ripe for disposition. For the reasons that follow, Defendants' motion to dismiss is granted in part and denied in part.
For purposes of this decision, all of the factual allegations of the events giving rise to thiscomplaint are considered true and all inferences will be drawn in Plaintiff's favor. Plaintiff, Aileaf Ashford, proceeding pro se, is a prisoner currently in the custody of the Pennsylvania Department of Corrections ("DOC") in the State Correctional Institution at Forest ("SCI Forest"). The events giving rise to this lawsuit occurred while Plaintiff was housed at SCI-Fayette in 2014. Generally, Plaintiff alleges that certain members of the corrections staff and supervisors subjected him to unsafe and unsanitary living conditions and retaliated against him for filing grievances about said conditions. Plaintiff initiated this action against numerous corrections officers and officials alleging that the defendants violated his constitutional rights under the First and Eighth Amendments, denied him access to the courts, and were negligent in their duties.
Plaintiff is confined to the Restricted Housing Unit ("RHU") and is confined to his cell for twenty-three hours per day. On January 30, 2014 he was escorted to the yard by RHU staff at 7:30 a.m. Plaintiff claims that the outside temperature was excessively low, and he asked to be escorted back to his cell. His request was denied, and he remained in the yard. To keep warm, Plaintiff paced in circles while trying to avoid a pile of snow and patches of ice in the yard. Nevertheless, Plaintiff slipped and fell on a patch of ice and injured his knee and back. The next day, on January 31, 2014, he was seen by the medical department and diagnosed with a muscle strain and given Motrin 400 mg three times a day for five days. Plaintiff was again seen by the medical department on or about February 10, 2014 and an x-ray was taken of Plaintiff s knee and showed degenerative changes due to modest osteoarthritis. He was prescribed Naprosyn and Elavil. Plaintiff submitted a grievance on February 18, 2014. While Plaintiff does not explicitly describe the subject matter of the grievance, it is assumed that he complained that he wassubjected to excessive cold by being forced to the yard and also complained about slipping and falling on un-cleared ice in the yard. Plaintiff alleges that a correctional officer opened the box and read Plaintiff's grievance. The next morning, on February 19, 2014, Plaintiff was informed by Defendant Sgt. Richter that he would not be allowed to go outside. That same day, Lt. Hawkinberry informed Plaintiff that he would not be allowed to go outside because he submitted a grievance about the unsafe conditions of the yard. Plaintiff was "denied yard" or not permitted to go outside until March 11, 2014 because of the grievance he submitted about the conditions.
On May 1, 2014, Plaintiff's toilet stopped working in his cell and was unable to flush. Plaintiff was unaware that it was broken until after he defecated that night. Plaintiff told the attending corrections officer on duty that his toilet had stopped flushing and that there was excrement in it. The corrections officer told Plaintiff that he would submit a work order and that Plaintiff should write a request to Lt. Hawkinberry. Plaintiff wrote a request slip to Lt. Hawkinberry the next day, on May 2, 2014, stating the issue. Plaintiff also informed the attending corrections officer ("C.O.") Costello, that his toilet was not working and that excrement was in the toilet. C.O. Costello told Plaintiff that he would report it. Later that day, Plaintiff also informed C.O. Skrobac about the plumbing issues and C.O. Skrobac informed Plaintiff that he would report the issue. Plaintiff also informed C.O. McKnight of this issue and that it was beginning to "reek" in his cell, and C.O. McKnight informed Plaintiff that he would see what he could do about it. A short while later, Plaintiff informed C.O. Wilson of the issue, to which C.O. Wilson responded he would report the issue. At approximately 5:15 p.m., C.O.'s McKnight and Wilson attempted to reset his toilet to get it to flush, but were not successful. Plaintiff then asked C.O. McKnight and C.O. Wilson to move him to one of the five empty cellson the unit. The officers informed him that they would have to ask Sgt. Fletcher before moving him. Later that evening, C.O. McKnight informed Plaintiff that this request had been denied by Sgt. Fletcher. Plaintiff, after holding his bowels the entire day, relieved himself again in the broken toilet.
On May 3, 2014, Plaintiff awoke to a "pungent" odor and decided to limit his intake of food and fluids due to his broken toilet. Plaintiff again asked four separate C.O.'s, McKnight, Bigelow, Eicher, and DiSalva to be moved to another cell, but was not moved. Plaintiff then spoke with Sgt. Fletcher who informed Plaintiff that he would put in a work order for the toilet. The toilet was not fixed, nor was Plaintiff moved from his cell on May 3, 2014.
The next day, on May 4, 2014 as the breakfast trays were distributed, Plaintiff twice informed C.O.'s Ergos and Pellis that his toilet had been broken for four nights, and requested that he be moved to a different cell. C.O Ergos and C.O. Pellis began making jokes about Plaintiff's toilet being broken and the putrid smell emanating from his cell. C.O. Ergos told Plaintiff to "file a grievance like you always do." C.O. Ergos and C.O. Pellis continued to ridicule Plaintiff and shouted insults at Plaintiff while they walked down the cell block. Plaintiff noticed insects crawling and flying out of the vent and around his cell. Plaintiff again spoke with C.O. DiSalva informing him that the toilet had not been fixed and requested to be moved to another cell. C.O. DiSalva again told Plaintiff he would pass along the information to Sgt. Friend. When C.O.'s Ergos and Pellis distributed lunch trays, Plaintiff again informed them of the toilet issue and asked to be moved out of the cell. Plaintiff limited his intake of food and fluids due to his broken toilet again on May 4, 2014. The toilet was not fixed, nor was Plaintiff moved from his cell on May 4, 2014.
The next day, on May 5, 2014, Plaintiff awoke to many more insects roaming his cell andwas experiencing severe stomach pain. Plaintiff informed C.O.'s Garland and Dongilli about the issue and requested to be moved to another cell. Plaintiff also informed Sgt. Richter that this was an ongoing issue for the past five days and requested that he be moved. Sgt. Richter refused to move Plaintiff from his cell, but informed Plaintiff that he would contact maintenance about the issue. Plaintiff also informed C.O. Pashka about the plumbing issue. Plaintiff reported experiencing lightheadedness, dizziness, and stomach pains throughout the day.
On May 6, 2014, Plaintiff awoke to more insects in his cell and more hovering outside of his cell. While C.O. Garland was passing out breakfast trays, he made jokes about the odor coming from Plaintiff's cell and made jokes about the insects flying around Plaintiff's cell. While Plaintiff does not indicate whether he was moved, or the plumbing issues were ultimately resolved, he does not complain of any plumbing issues after May 6, 2014.
On May 5, 2014, Plaintiff sent grievance appeals and attachments to the library to be copied and returned by May 8, 2014, so that the copies could be sent out on May 9, 2014 to the Central Office for final appeal. On May 8, 2014, the library cart containing the library books and copies arrived, but C.O.'s Garland and Haley refused to give Plaintiff his copies on May 8, 2014 and May 9, 2014, despite Plaintiff explaining to them that he had to meet filing deadlines. On May 9, 2014 and May 10, 2014, C.O.'s McKnight and Newman refused to return Plaintiff's copies. On May 10, 2014, Sgt. Fletcher refused to return Plaintiff's copies. That same day, an inmate block worker informed Plaintiff that his copies were on the cart in the hallway, but the C.O.'s were not going to allow Plaintiff to send his grievance to the Central Office for appeal.
On May 17, 2014, Plaintiff was summoned to Lt. Hawkinberry's office, and Lt. Hawkinberry attempted to get Plaintiff to withdraw the grievance regarding his broken toilet(508476) and another grievance (509029). Lt. Hawkinberry told Plaintiff that he would give him a copy of the missing documents if he withdrew his grievances.
Again, on May 23, 2014, Plaintiff was summoned to Lt. Hawkinberry's office and Lt. Hawkinberry informed Plaintiff that he would receive his copies if he withdrew his grievances and if he did not, Lt. Hawkinberry would "make it hard" for Plaintiff. Plaintiff refused to withdraw his grievances and did not receive his copies and missed the deadline to file his grievance appeal to the Central Office for final review.
Starting on February 14, 2014, Plaintiff did not receive his "Star" magazine and did not receive it for six weeks. Plaintiff wrote...
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