Ducally v. Rhode Island Dept. of Corrections

• Decision Date: 27 June 2001
• Docket Number: No. C.A. 00-251T.,C.A. 00-251T.
• Citation: 160 F.Supp.2d 220
• Parties: Anthony S. DUCALLY v. State of RHODE ISLAND DEPARTMENT OF CORRECTIONS, et al.
• Court: U.S. District Court — District of Rhode Island

160 F.Supp.2d 220

Anthony S. DUCALLY v. State of RHODE ISLAND DEPARTMENT OF CORRECTIONS, et al.

No. C.A. 00-251T.

United States District Court, D. Rhode Island.

June 27, 2001.

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Anthony S. Ducally, pro se.

Susan E. Urso, Thomas A. Palombo, for Defendant.

Report and Recommendation

HAGOPIAN, United States Magistrate Judge.

The pro se¹ plaintiff Anthony S. Ducally, an inmate confined at the Adult Correctional Institution ("ACI") in Cranston, Rhode Island, filed a complaint pursuant to 42 U.S.C. § 1983 alleging a violation of his constitutional rights. The plaintiff names as defendants the Rhode Island Department of Corrections, Correctional Officer Godwin Ebong, Warden Albert Gardner, and the former Director of the ACI, George A. Vose.

This matter is currently before the Court on the motion of Department of Corrections, Gardner and Ebong to dismiss pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure.² The plaintiff has filed an opposition thereto. This matter has been referred to me pursuant to 28 U.S.C. § 636(b)(1)(B) for a report and recommendation. For the reasons that follow, I recommend that the defendants' Rule 12(b)(1) motion to dismiss be denied. I further recommend that the defendants' Rule 12(b)(6) motion to dismiss be granted with respect to the Department of Corrections and Gardner, and denied with respect to Ebong.

I. Background

The factual allegations, which are taken as true from the plaintiff's Complaint, are as follows:

On May 11th, 1999, at 9:00 a.m., the plaintiff was returning from recreation when he asked Defendant Ebong to open his cell door. When Defendant Ebong opened the cell door, the plaintiff asserts that Ebong approached him from behind and intentionally "slammed" the cell door on his fingers. After this incident, plaintiff alleges that Ebong refused to allow him to seek medical treatment. Plaintiff further alleges that Ebong waited an hour before allowing him to get medical attention.

When plaintiff received medical attention, a nurse informed him that all of the fingers on his left hand were swollen and that he suffered two open wounds to his middle and ring fingers. The plaintiff also asserts that he is losing feeling and power in his entire hand and that he has nightmares of the incident.

Based upon these allegations, plaintiff asserts that the defendants violated the Eighth Amendment's prohibition against cruel and unusual punishment. Specifically, plaintiff asserts that his Eighth Amendment rights were violated when (1) Defendant Ebong slammed the cell door on his hand, and (2) Defendant Ebong delayed medical treatment for one hour. The Department of Corrections, Ebong and Gardner have moved to dismiss the complaint pursuant to Fed.R.Civ.P. 12(b)(1) and 12(b)(6). Plaintiff has objected thereto.

II. Discussion

A. Defendants' Fed.R.Civ.P. 12(b)(1) Motion

Rule 12(b)(1) of the Federal Rules of Civil Procedure provides for the dismissal of actions in which the court lacks subject matter jurisdiction. The court when considering a 12(b)(1) motion may consider all pleadings submitted by the parties. Aversa v. United States, 99 F.3d 1200, 1210 (1st Cir.1996). The pertinent inquiry is whether or not the challenged pleadings set forth allegations sufficient to demonstrate that the subject matter jurisdiction of the court is proper. Casey v. Lifespan Corp., 62 F.Supp.2d 471, 474 (D.R.I.1999). The burden of proof in a 12(b)(1) motion falls on the party asserting jurisdiction. Thomson v. Gaskill, 315 U.S. 442, 62 S.Ct. 673, 86 L.Ed. 951 (1942). The party must establish that they have a claim under federal law. In ruling on a motion filed under Rule 12(b)(1), the pleadings are to be taken as true and construed in a light most favorable to the party opposing the motion. Murphy v. United States, 45 F.3d 520, 522 (1st Cir.1995).

Plaintiff has filed this action pursuant to 42 U.S.C. § 1983. Section 1983 provides a cause of action for a violation of a person's constitutional rights done under the color of state law. While 42 U.S.C. § 1983 does not grant subject matter jurisdiction to the federal courts, Cervoni v. Secretary of Health, Educ. and Welfare, 581 F.2d 1010, 1019 (1st Cir.1978), a claim under 42 U.S.C. § 1983, as alleged here, falls under the general federal question jurisdiction. See 28 U.S.C. § 1331 (providing that "district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws or treaties of the United States.")

However, Defendants assert that Eleventh Amendment's sovereign immunity bars this suit against the Rhode Island Department of Corrections, and cite Will v. Michigan, 491 U.S. 58, 109 S.Ct. 2304, 105 L.Ed.2d 45 (1989), as authority for this proposition. Accordingly, the defendants assert that the Department of Corrections is entitled to dismissal under Fed.R.Civ.P. 12(b)(1).

The Eleventh Amendment to the United States Constitution prohibits a state from being sued in federal court. It provides:

The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.

U.S. CONST. amend.XI. While its plain language does not apply to suits in federal court brought by a citizen against a citizen's own state, the Supreme Court has long understood the Eleventh Amendment to extend to such suits. See Pennhurst State School and Hospital v. Halderman, 465 U.S. 89, 99, 104 S.Ct. 900, 907, 79 L.Ed.2d 67 (1984) (Finding Eleventh Amendment deprives the federal courts of subject matter jurisdiction over an action asserted by an individual against a state).

However, there are three exceptions that operate to remove a state's Eleventh Amendment immunity. They are (1) where Congress properly abrogates the immunity; (2) where a state explicitly waives its immunity by consenting to suit in federal court; and (3) where a suit is limited to prospective injunctive relief against a state official to enjoin a continuing violation of federal law. Here, the Rhode Island Supreme Court held that, by statute, the state of Rhode Island has broadly waived its Eleventh Amendment immunity with respect to tort actions in federal court, pursuant to R.I.Gen.Laws § 9-31-1. Laird v. Chrysler Corp., 460 A.2d 425, 429 (R.I.1983); Pride Chrysler Plymouth Inc., v. R.I. Motor Vehicle Dealers, 721 F.Supp. 17, 22 (D.R.I.1989). Thus, the Eleventh Amendment does not operate to remove this Court's subject matter jurisdiction in this case.

Moreover, the defendants' reliance on Will v. Michigan, 491 U.S. 58, 109 S.Ct. 2304, 105 L.Ed.2d 45 (1989), on this point is misplaced. The Supreme Court in Will held that a "state" or a "state official" acting in his or her official capacity is not a "person" as the term is used in 42 U.S.C. § 1983. Id. at 71, 109 S.Ct. 2304. Thus, Will does not stand for the proposition that a state official acting in his or her official capacity or a state agency is immune from suit on the basis of the Eleventh Amendment's sovereign immunity. Rather, Will stands for the proposition that a state official acting in his or her official capacity or a state agency is not a proper defendant under § 1983. Defendants' argument that Will entitles the Department of Corrections to a dismissal under 12(b)(1), for lack of subject matter jurisdiction, misses the mark.

Since the claims asserted by the plaintiff fall squarely within this court's federal question jurisdiction under 28 U.S.C. § 1331, and since the state of Rhode Island, pursuant to statute, has waived its Eleventh Amendment immunity, this Court has subject matter jurisdiction to entertain the instant claims. Accordingly, the defendants' motion to dismiss for lack of subject matter jurisdiction, pursuant to Fed.R.Civ.P. 12(b)(1), should be denied. I so recommend.

B. Defendants' Fed.R.Civ.P. 12(b)(6) Motion

Rule 12(b)(6) of the Federal Rules of Civil Procedure provides for the dismissal of actions which fail to state a claim upon which relief can be granted. In ruling on a motion filed under Rule 12(b)(6), the court must "accept the well pleaded factual averments of the *** complaint as true, and construe these facts in the light most favorable to the [plaintiff]." Chongris v. Board of Appeals, 811 F.2d 36, 37 (1st Cir.1987). A Rule 12(b)(6) motion will only be granted when, viewed in this manner, it appears beyond a doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief. Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 102, 2 L.Ed.2d 80 (1957).

Under a Rule 12(b)(6) motion, "a reviewing court is obliged neither to credit bald assertions, periphrastic circumlocutions, unsubstantiated conclusions, or outright vituperation, nor to honor subjective characterizations, optimistic predictions, or problematic suppositions." United States v. AVX Corp., 962 F.2d 108, 115 (1st Cir. 1992). Unverifiable conclusions, not supported by the stated facts, deserve no deference. Id. Thus, in ruling on the motion to dismiss, the pertinent inquiry is whether plaintiff's complaint sets forth sufficient factual allegations which, if proven, would support his claims of a deprivation of protected federal rights.

1. 42 U.S.C. § 1983.

Plaintiff has brought this action under 42 U.S.C. § 1983. Section 1983 provides, in pertinent part:

Every person who, under the color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress ...

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