Donhauser v. Goord

• Decision Date: 15 April 2004
• Docket Number: No. 01-CV-1535.,01-CV-1535.
• Parties: David DONHAUSER, Plaintiff, v. Glenn S. GOORD, Commissioner of the New York State Department of Correctional Services; Martha E. Yourth, CSW Guidance Specialist; Dominic Martinelli, Sex Offender Program Counselor; and S. Carter, S.C.C., Oneida Correctional Facility, Defendants.
• Court: U.S. District Court — Northern District of New York

314 F.Supp.2d 119

David DONHAUSER, Plaintiff, v. Glenn S. GOORD, Commissioner of the New York State Department of Correctional Services; Martha E. Yourth, CSW Guidance Specialist; Dominic Martinelli, Sex Offender Program Counselor; and S. Carter, S.C.C., Oneida Correctional Facility, Defendants.

No. 01-CV-1535.

United States District Court, N.D. New York.

April 15, 2004.

David Donhauser, Oneida Correctional Facility, Rome, NY, Plaintiff, pro se.

Honorable Eliot Spitzer, Attorney General for the State of New York, Albany, NY, Nelson Sheingold, Assistant Attorney General, of Counsel.

MEMORANDUM-DECISION and ORDER

HURD, District Judge.

I. INTRODUCTION

On April 23, 2002, pro se plaintiff David Donhauser ("plaintiff") filed a second amended complaint against defendants (Glenn S. Goord, Commissioner of the New York State Department of Corrections; Martha E. Yourth, CSW Guidance Specialist; Dominic Martinelli, Sex Offender Program Counselor; and S. Carter, S.C.C., Oneida Correctional Facility) pursuant to 42 U.S.C. § 1983, alleging various violations of his federal/constitutional rights. On July 17, 2002, defendants filed a motion to dismiss the second amended complaint pursuant to Fed.R.Civ.P. 12. (Docket No. 25.) By Report-Recommendation dated January 22, 2003, the Honorable Gary L. Sharpe, United States Magistrate Judge, now District Court Judge, recommended that the defendants' motion to dismiss be granted. (Docket No. 48.) Plaintiff has filed objections to the Report-Recommendation. (Docket No. 50.)¹

II. RULE 12(B)(6) STANDARD

In deciding a Rule 12(b)(6) motion, a court "must accept the allegations contained in the complaint as true, and draw all reasonable inferences in favor of the non-movant; it should not dismiss the complaint `unless it appears beyond a reasonable doubt that the plaintiff[s] can prove no set of facts in support of [their] claim which would entitle [them] to relief.' "Sheppard v. Beerman, 18 F.3d 147, 150 (2d Cir.1994) (quoting Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957)); see also Kaluczky v. City of White Plains, 57 F.3d 202, 206 (2d Cir.1995). It should be noted, however, that where a complaint is submitted pro se,"the allegations of such a complaint, `however inartfully plead,' are held to `less stringent standards than formal pleadings drafted by lawyers.'" Hughes v. Rowe, 449 U.S. 5, 9, 101 S.Ct. 173, 66 L.Ed.2d 163 (1980) (per curiam) (quoting Haines v. Kerner, 404 U.S. 519, 520, 92 S.Ct. 594, 30 L.Ed.2d 652 (1972)). Thus, in cases where a pro se plaintiff is faced with a motion to dismiss, it is appropriate for the court to consider materials outside of the complaint to the extent they "are consistent with the allegations in the complaint." See Donahue v. United States Dep't of Justice, 751 F.Supp. 45, 49 (S.D.N.Y.1990) (considering pro se plaintiff's papers filed in opposition to motion to dismiss); see also Tsai v. Rockefeller Univ., 137 F.Supp.2d 276, 280 (S.D.N.Y.2001) (same); Williams v. Koenigsmann, No. 03 Civ 5267, available at 2004 WL 315279, at *1 n. 1 (S.D.N.Y. Feb. 18, 2004) (same); Supinski v. Merrill Lynch & Co., No. 00CV7363, available at 2001 WL 930779, at *1 n. 2 (E.D.N.Y. Aug. 13, 2001) (same). Thus, in laying out the factual background of the case, for the purposes of deciding defendants' pending motion to dismiss, the factual allegations contained in plaintiff's complaint and opposition papers will be considered. (Docket Nos. 13, 44.)

III. FACTUAL BACKGROUND

Taken in the light most favorable to plaintiff, the non-moving party, the following are the facts.

Plaintiff, at all relevant times, was incarcerated at Oneida Correctional Facility ("OCF"). On April 20, 2000, plaintiff's counselor at OCF referred him to the Sex Offender Counseling Program ("SOCP"). (Docket No. 13, ¶ 9.) Successful completion of the SOCP requires, among other things, the participant to accept responsibility for the sexually offending behavior that resulted in his or her incarceration, and to divulge any history of sexually offending behavior, including acts or conduct for which the participant was not or has not been criminally charged. Accordingly, "[a]ny offender who wishes to participate in the [SOCP] must sign a Waiver of Partial Confidentiality." (Docket No. 44, App.)

According to the SOCP policy and procedure manual, if an inmate elects to participate and disclose the information outlined above, program counselors "are required to report evidence of child physical and/or sexual abuse that has occurred or is planned and any specific details of previous crimes for which the offender has not been charged." Id. The manual further notes that "an inmate who discloses the details of any prior crime(s), must be reported to the appropriate authorities so that society will be protected." Id.

Plaintiff informed the counselor that he was not guilty of any sex crime, including the one prompting his current incarceration, and that he did not wish to divulge any past information that could prompt further criminal charges. Plaintiff also informed the counselor that he was incarcerated as a result of a plea pursuant to North Carolina v. Alford, 400 U.S. 25, 91 S.Ct. 160, 27 L.Ed.2d 162 (1970), under which plaintiff did not have to admit guilt. Accordingly, plaintiff informed the counselor he would not enter the SOCP. (Docket No. 13, ¶ 9.) According to the SOCP policy and procedure manual, inmates who refuse to participate in the program "should be made aware of the negative impact his/her decision may have on .... Time Allowance Committee decisions." (Docket No. 44, App.)

Though defendants assert that plaintiff has not alleged any causal connection between the refusal to divulge a sexual history and the loss of good time credits one would suffer as a result thereof, a cursory scan of the allegations reveals that this is not true. Plaintiff alleges that "[o]n April 20, 2000, his counselor advised [him] in writing that his refusal will result in loss of good time [credits]." (Docket No. 13, ¶ 10) (emphasis added). Plaintiff claims that he thereafter wrote several letters to OCF administrators explaining the situation as he perceived it. On November 9, 2000, he claims to have received a letter from defendant Yourth, who informed him "that his failure to participate in the [SOCP] will result in [a] negative impact on his earning good time." Id. at ¶ 12 (emphasis added). On February 14, 2001, plaintiff alleges to have written defendant Carter, stating his desire to participate in the program if were allowed to not admit his guilt to the crime for which he was incarcerated, and divulge a sexual history, including acts for which no criminal charges had yet been brought. Id. at ¶ 13. On March 20, 2001, plaintiff alleges to have written a Department of Corrections' attorney regarding his situation. He claims to have been informed by this attorney "that he must participate in the SO[C]P or lose his good time and other privileges." Id. at ¶ 14 (emphasis added).²

On April 23, 2002, plaintiff filed a second amended complaint, asserting causes of action pursuant to 42 U.S.C. § 1983.³ In the complaint, plaintiff contends that the program, by requiring him to divulge a history of sexual conduct, including illegal acts for which no criminal charges had been brought, or else face a loss of good time credits, violated his Fifth Amendment privilege against self-incrimination. The remainder of the causes of action asserted by plaintiff in the second amended complaint are unclear, but it appears he is alleging that his privacy, equal protection, and due process rights were all violated.

As relief, plaintiff seeks, inter alia: (1) a declaratory judgment that the SOCP, with its requirement that participants divulge sexual histories, including sex acts for which no criminal charges have been brought, violates his Fifth Amendment privilege against self-incrimination; (2) injunctive relief barring defendants from continuing the SOCP in its present form, with such requirement; (3) compensatory damages in the amount of $1.5 million; and (4) punitive damages in the amount of $5 million. (Docket No. 13, Relief Requested, ¶ 2; Injunctive Relief, Part (B); Damage Relief, ¶¶ 1-2.)

IV. MAGISTRATE JUDGE'S REPORT-RECOMMENDATION

On January 22, 2003, a written report was issued recommending that plaintiff's complaint be dismissed in its entirety for failure to state a claim upon which relief could be granted. (Docket No. 48.) With respect to plaintiff's Fifth Amendment claim, it was found that plaintiff had not suffered any adverse action as a result of his failure to participate in the SOCP, and that defendants had taken no actions to compel plaintiff to incriminate himself. It was also found that plaintiff's remaining claims — involving due process, equal protection, and the right to privacy — were without merit. It was found that the complaint, even liberally construed, failed to state a claim upon which relief could be granted.

On March 3, 2003, plaintiff filed objections to the Report-Recommendation. (Docket No. 50.)

V. DISCUSSION

Agreement is expressed with the conclusion that plaintiff's causes of action involving the violation of the rights to privacy, due process, and equal protection cannot be proven on the pleadings and must be dismissed. Agreement is also expressed with the opinion that plaintiff's Fifth Amendment claim, insofar far as it relates to the denial of his parole, must be dismissed.⁴ The recommendation of dismissal as to plaintiff's Fifth Amendment claim, insofar as it relates to the automatic loss of good time credits an SOCP participant would suffer as a result of a refusal to participate in the program, however, is rejected.

There is no dispute that the SOCP requires participants to admit their guilt to the crime for which they are incarcerated, and to divulge a history of sexual conduct, including acts for which no criminal charges have been brought. Plaintiff...