Cespedes v. Coughlin, 90 Civ. 2667 (DNE).

Citation956 F.Supp. 454
Decision Date07 February 1997
Docket NumberNo. 90 Civ. 2667 (DNE).,90 Civ. 2667 (DNE).
PartiesCarlos CESPEDES, Plaintiff, v. Thomas A. COUGHLIN, III, Commissioner of New York State Department of Correctional Services; John P. Keane, Superintendent; Charles Greiner, Deputy Superintendent of Security; F. Orengo, Captain; John Doe, Captain; M. Stokes, Lieutenant; Fields, Sergeant; Albelo, Sergeant; and J. Roman, Correctional Officer, Defendants.
CourtUnited States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York

Paul Schiff Berman, New York City, for plaintiff.

Dennis C. Vacco, Attorney General of the State of New York (Angela M. Cartmill, Assistant Attorney General, of counsel), New York City, for defendants.

Opinion & Order

EDELSTEIN, District Judge.

In April 1990, plaintiff Carlos Cespedes ("Cespedes" or "plaintiff"), an inmate at the Ossining Correctional Facility ("Sing Sing"), in Ossining, New York, brought this action against the above-named defendants, alleging that, while incarcerated at Sing Sing, he was placed into segregated housing without due process in violation of Title 42, United States Code, Section 1983 ("Section 1983"), as well as several unspecified state law claims. Presently before this Court are plaintiff's objections to the recommendations of Magistrate Judge Sharon E. Grubin ("Magistrate Judge Grubin") regarding several pretrial motions. (Report and Recommendations to the Honorable David N. Edelstein, Cespedes v. Coughlin, 90 Civ. 2667 (the "Report") (July 21, 1995).) Defendants did not respond to plaintiff's objections.

Plaintiff's objections concern Magistrate Judge Grubin's proposed disposition of a motion for summary judgment brought by defendants Thomas A. Coughlin ("Coughlin") John P. Keane ("Keane"), Charles Greiner ("Greiner"), J. Roman ("Roman") and F. Orengo ("Orengo"), as well as plaintiff's cross-motion for partial summary judgment against defendant M. Stokes ("Stokes") and plaintiff's motion to amend his pro se complaint to one drafted by plaintiff's counsel. For the following reasons, this Court: (1) grants summary judgment to defendants Keane and Orengo; (2) dismisses sua sponte plaintiff's claims against non-moving defendants Stokes and Luis Alvelo ("Alvelo") pursuant to Title 28, United States Code, Section 1915(d); (3) denies plaintiff's motion for partial summary judgment; and (4) grants plaintiff's motion to amend his Complaint.

BACKGROUND

This Court will first review the events giving rise to this litigation, then describe the findings and recommendations contained in Magistrate Judge Grubin's Report.

I. Facts

The events giving rise to the instant litigation occurred on February 18, 1989, in Sing Sing housing block A ("block A") (Memorandum of Law in Support of Plaintiff's Motion to Amend the Complaint and for Partial Summary Judgment and in Opposition to Defendants' Motion for Partial Summary Judgment, Cespedes v. Coughlin, 90 Civ. 2667 ("Pltf. Memo") at 3 (Oct. 27, 1992).) At that time, Cespedes was incarcerated in block A. (Memorandum of Law in Opposition to Plaintiff's Motion for a Preliminary Injunction, Cespedes v. Coughlin, 90 Civ. 2667 ("Dfts. PI Opp. Memo") at 3 (Oct. 11, 1990).)

At approximately 5:00 p.m. on February 18, 1989, a prisoner was doused with hot oil while in his cell in block A. Id.; (Defendants' Local Rule 3(g) Statement, Cespedes v. Coughlin, 90 Civ. 2667 ("Dfts. Rule 3(g) Stmt.") ¶ 14 (Aug. 12, 1991).) Prison officials, including defendant Stokes, conducted an investigation of the incident and were told by a confidential informant that Cespedes had participated in the assault, possibly in conjunction with an undetermined number of other inmates. (Memorandum of Law in Support of Defendants' Motion for Summary Judgment, Cespedes v. Coughlin, 90 Civ. 2667 ("Dfts. SJ Memo") at 2 (Sept. 12, 1991)); (Pltf.Memo at 3); (Dfts. Rule 3(g) Stmt. ¶ 15); (Affidavit of J. Fields in Support of Defendants' Partial Motion for Summary Judgment, Cespedes v. Coughlin, 90 Civ. 2667 ("Fields Aff.") ¶ 6 (Aug. 14, 1991).) Based upon the confidential information, defendant J. Fields ("Fields") and other officials searched Cespedes' cell, and discovered a half-filled bottle of baby oil and a flammable spray. (Dfts. SJ Memo at 2); (Dfts. Rule 3(g) Stmt. ¶ 17.)

In light of the evidence against Cespedes, on February 18, 1989, Cespedes was charged with assault in a misbehavior report prepared by defendant Roman, a Corrections Officer. (Affidavit of Tigran Eldred, Cespedes v. Coughlin, 90 Civ. 2667 ("Eldred Aff.") at Exh. 1 (Oct. 23, 1992); (Pltf.Memo at 3.) Fields then ordered Cespedes to be brought to Sing Sing's Special Housing Unit ("SHU") pending the commencement of disciplinary proceedings against him. (Pltf.Memo at 3.) According to regulations promulgated by the New York Department of Correctional Services (the "DOC"),

[a] special housing unit (SHU), in maximum security facilities as well as in designated medium security facilities, shall consist of single-occupancy cells grouped so as to provide separation from the general [prison] population, and may be used to house inmates confined to such units pursuant to Part 301 of this Title as well as other inmates as approved by the commissioner or his designee.

N.Y.Comp.Codes R. & Regs. tit. 7, § 300.2 (1991) (emphasis in original). In addition to being separated from the general prison population, SHU inmates are limited in the prison-issue items and personal belongings which they may possess. Id. § 302.2. SHU prisoners are also limited in their shower and exercise privileges. McCann v. Coughlin, 698 F.2d 112, 117 n. 5 (2d Cir.1983).

In addition to disciplinary admissions (described below), inmates may be admitted to the SHU for several other reasons, including, inter alia, detention prior to a hearing or upon receipt from another correctional facility if the inmate's record raises reasonable questions concerning his willingness to comply with prison rules, N.Y.Comp.Codes R. & Regs. tit. 7, § 301.3(a)(1)-(2); administrative segregation if prison officials determine that the inmate's presence in the general prison population would pose a threat to the safety and the security of the facility, id. § 301.4; the inmate's protection, id. § 301.5; and "keeplock" admissions for various reasons, such as confinement to await disposition of a disciplinary hearing. Id. § 301.6(a).

On February 20, 1989, a corrections officer served Cespedes with a copy of the misbehavior report accusing him the assault, (Defendants' Notice of Motion for Partial Summary Judgment, Cespedes v. Coughlin, 90 Civ. 2667 ("Dfts. Notice of Motion") at Exh. C (Aug. 12, 1991)), and on February 24, 1989, Cespedes received a Spanish translation of his misbehavior report. (Pltf. Memo at 3.) While in SHU awaiting his hearing, Cespedes claims that he met with defendant Alvelo, "a Correction Sergeant who was appointed to assist [Cespedes] in preparation of his defense." Id. Cespedes contends that he asked Alvelo to "interview and obtain statements from numerous inmates who could provide exculpatory information about the incident, as well as from the correction officer who had issued [Cespedes'] misbehavior report." Id. at 4. Cespedes further requested that Alvelo "provide him with legal material, including books, that would explain the law relevant to [his] pending ... [h]earing." Id. Cespedes maintains, however, that Alvelo "completely failed to assist [Cespedes] whatsoever, including failing to performing [sic] any of the requested tasks or to meet with [Cespedes] at any other time prior to the proceeding." Id.

On February 24, 1989, Sing Sing's disciplinary secretary, A. Adell ("Adell"), wrote to the DOC's central office in Albany and requested an adjournment of Cespedes' hearing. Id. at 3; (Dfts. Notice of Motion at Exh. F.) Adell notified the DOC that Cespedes was confined to his cell, that his hearing had not yet commenced, that he had been served with his Spanish language copy of his misbehavior report on the seventh day of his SHU confinement, and that he wanted assistance which would be unavailable until February 27, 1989. Id. The DOC consented to Adell's request, and ordered that Cespedes' hearing be completed by March 3, 1989. Id.

On February 27, 1989, Cespedes wrote to Sing Sing's Deputy Superintendent for Security, defendant Greiner. (Dfts. Notice of Motion at Exh.E); (Memorandum of Law in Support of Defendants' Motion for Summary Judgment, Cespedes v. Coughlin, 90 Civ. 2667 ("Dfts. SJ Memo") at 3 (Sept. 12, 1991).) In his letter to Greiner, Cespedes contended that he had been wrongly accused of the assault, and that he should not have been placed in SHU. Id. Cespedes also wrote that, although nine days had elapsed since his SHU confinement began and he had received a misbehavior report, his disciplinary hearing had not yet been held. Id. at 3-4.

On February 28 and 30, 1989, defendant Stokes conducted a Tier III disciplinary hearing to adjudicate the assault charges against Cespedes. (Dfts. PI Opp.Memo at 3); (Dfts.Rule 3(g) Stmt. ¶¶ 6, 23); (Eldred Aff. at Exhs. 4 & 5.) New York provides for three "tiers" of disciplinary hearings. N.Y.Comp.Codes R. & Regs., tit. 7, § 270.3(a). A Tier I, or violation hearing, can result in a maximum penalty of loss of certain privileges for up to thirteen days or imposition of one additional work task for a maximum of seven days. Id. § 252.5(a). In a Tier II hearing, the hearing officer can discipline an inmate within a range of penalties, including confinement to the SHU for up to thirty days, but may not impose a loss of good time. Id. § 253.7(a). In a Tier III hearing, the hearing officer can impose the most severe penalties, including confinement to the SHU for a term limited only by the length of the inmate's overall sentence of incarceration, id. § 254.7(a)(3), and the loss of a specified period of good time credits. Id. § 254.7(a)(6).

At Cespedes' Tier III hearing, Stokes received the...

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