Ford v. Nassau County Executive

• Decision Date: 31 March 1999
• Docket Number: No. Civ.A. 97CV2399(DGT).,Civ.A. 97CV2399(DGT).
• Citation: 41 F.Supp.2d 392
• Parties: Anthony L. FORD, Plaintiff, v. NASSAU COUNTY EXECUTIVE and Nassau County Correctional Center, Defendants.
• Court: U.S. District Court — Eastern District of New York

41 F.Supp.2d 392

Anthony L. FORD, Plaintiff, v. NASSAU COUNTY EXECUTIVE and Nassau County Correctional Center, Defendants.

No. Civ.A. 97CV2399(DGT).

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

March 31, 1999.

COPYRIGHT MATERIAL OMITTED

Anthony L. Ford, Roosevelt, NY, pro se.

Paul F. Millus, Snitow & Cunningham, New York City, for defendants.

MEMORANDUM AND ORDER

TRAGER, District Judge.

Pro se plaintiff, Anthony Ford, alleges that while incarcerated as a pretrial detainee at the Nassau County Correctional Center, the defendants, the Nassau County Correctional Center and the Nassau County Executive, violated his "civil and constitutional rights," including his Thirteenth Amendment rights, by requiring him to serve as a "food cart worker" without payment. For these alleged injuries, plaintiff has brought this action pursuant to 42 U.S.C. § 1983 seeking monetary damages totaling $2.5 million dollars. In response, defendants have moved for summary judgment, pursuant to Fed.R.Civ.P. 56(b), to dismiss plaintiff's complaint in its entirety. For the reasons stated below, defendants' motion for summary judgment is granted.

Background

Having been "charged with outstanding warrants and four Vehicle Traffic Law violations," plaintiff, Anthony Ford ("Ford"), was admitted to the Nassau County Correctional Center ("NCCC") as a pretrial detainee on February 27, 1997. Def. Statement of Material Facts at $1. Ford is no stranger to the correctional facility. In fact, he has been incarcerated at the NCCC on at least nineteen other occasions. Upon his admission to the correctional facility on February 27, 1997, he underwent a health screening where it was determined that, as well as missing fingers from one of his hands, he required medication to control his epileptic seizures. Accordingly, he was housed in a "workers and medical dorm." Ford Dep. at 58. Significantly, two months later, on April 28, 1997, upon a plea of guilty, Ford was sentenced to time already served and discharged from NCCC.

From approximately March 2, 1997 through April 28, 1997, Ford performed the duties of a "food cart worker" for certain inmates who were housed in the new admit tier at NCCC. Ford alleges he was told that if he refused to perform these services, he would be subjected to a fourteen day lock-in, or perhaps "written up." Ford Dep. at 73. As a "food cart worker," Ford shared his responsibilities with two other inmates. See id. at 60. Specifically, Ford pushed a food cart, which was already loaded upon Ford's arrival at the kitchen, to the elevator, located approximately 100 to 125 yards away. The corrections officers assigned to the wing in which Ford was "working" then distributed the prepared trays of food to the inmates. See id. Occasionally, the inmates who were serving as "food cart workers" were required to hand out certain foods, such as milk, bread, or oranges. See id. at 63. Furthermore, if there were only one food cart being used during any particular meal, the other two inmates would perform related tasks such as sweeping the guard walk and emptying the garbage. See id. at 64.

Ford testified that he was required to work seven days a week, for all three meals a day. However, upon further questioning, he testified that this was not always the case. Compare Ford Dep. at 60 with Ford Dep. at 68 ("My testimony is not specifically that I [worked] three times a day.") Rather, he worked only when specifically directed to by a corrections officer. See id. at 68. According to Ford, these tasks would normally take between 2 and 2.5 hours a meal, including the time it took him to eat his own meal. See id. at 68-70. In exchange for these services, Ford was provided with additional food with his own meals. See id. at 72. He was not, however, given any monetary consideration for his duties.

As a result of being forced to work, Ford now seeks damages of 2.5 million dollars pursuant to 42 U.S.C. § 1983.

Discussion

(1)

Initially, it must determined whether, based on the facts presented, the two defendants in Ford's complaint are amenable to civil liability under § 1983.

Ford's claims against the Nassau County Executive can be summarily dismissed. "[N]either a state nor its officials acting in their official capacities are `persons' under § 1983, and thus, when sued in their official capacities, no action will lie against them for money damages." Will v. Michigan Dep't of State Police, 491 U.S. 58, 71, 109 S.Ct. 2304, 2312, 105 L.Ed.2d 45 (1989). See Hafer v. Melo, 502 U.S. 21, 31, 112 S.Ct. 358, 365, 116 L.Ed.2d 301 (1991) ("[S]tate officials sued in their individual capacities are `persons' within the meaning of § 1983."). Even if Ford had sued the Nassau County Executive in his personal capacity, however, as a prerequisite for a damages award under § 1983, he would have to demonstrate that the Nassau County Executive was personally involved in the alleged constitutional violation. See Colon v. Coughlin, 58 F.3d 865, 873 (2d Cir.1995); Wright v. Smith, 21 F.3d 496, 501 (2d Cir.1994). Moreover, liability for damages may not be based on the respondeat superior or vicarious liability doctrines. See Al-Jundi v. Estate of Rockefeller, 885 F.2d 1060, 1065 (2d Cir. 1989); Johnson v. Glick, 481 F.2d 1028, 1034 (2d Cir.1973).

The Second Circuit recognizes four ways in which a supervisory official may be personally involved in a constitutional violation: (1) he or she may have directly participated in the infraction or be directly involved through ordering such action to be taken; (2) he or she may have failed to remedy a wrong after learning of the violation; (3) he or she may have created or allowed a policy to continue under which the violation occurred; or (4) he or she may have been grossly negligent in managing the subordinates who caused the violation. See Williams v. Smith, 781 F.2d 319, 323 (2d Cir.1986); Langley v. Coughlin, 715 F.Supp. 522, 545 (S.D.N.Y.1989). Ford does not offer any evidence showing that the Nassau County Executive was in any way personally involved in the decision to require him to work. Moreover, the record is devoid of any evidence that indicates that the Executive had any knowledge of the labor that Ford was required to perform. Finally, there is no evidence that the Executive directly participated in the decision to require Ford to work, or, even more broadly, that the Executive established any kind of policy permitting the NCCC to require its pretrial detainees to work. All in all, Ford simply has not alleged the requisite "tangible connection between the acts of a defendant and the injuries suffered." Bass v. Jackson, 790 F.2d 260, 263 (2d Cir.1986). Therefore, defendant Nassau County Executive must be dismissed from the case, despite Ford's efforts to sue him in his individual capacity.

Next, Ford's allegations against the NCCC must be addressed. In order to state a claim for relief under § 1983 against NCCC, Ford must show the existence of an officially adopted policy or custom that caused injury and a causal connection between that policy and the deprivation of a constitutional right. See Monell v. Dep't of Social Servs., 436 U.S. 658, 690, 98 S.Ct. 2018, 2036, 56 L.Ed.2d 611 (1978); Neighbour v. Covert, 68 F.3d 1508, 1511 (2d Cir.1995). A policy or custom cannot generally be established by an isolated instance of a deprivation of rights.

On the one hand, Ford fails to allege or offer evidence that any alleged mandatory labor, other than that which he himself performed, was actually performed by pretrial detainees as distinguished from convicted inmates serving "local time." Ford testified that those inmates sentenced to "local time" at NCCC were automatically required to work. Ford Dep. at 39. This distinction is central to Ford's claim, since he bears the burden of articulating an official policy on the part of NCCC to require its pretrial detainees to work. All in all, Ford does not provide a substantial amount of probative evidence, empirical or otherwise, which directly supports his assertion that NCCC, through an official policy, either requires its pretrial detainees to work, or subjects pretrial detainees to negative action for failing to perform such work.

On the other hand, Ford testified that he was told that if he refused to work, he might be "written up," or placed in "lockin" for fourteen days. Id. at 73. Additionally, Ford testified that during the nineteen times that he was incarcerated at NCCC, he was forced to work on several occasions. Id. Ford specifically recalled working two jobs during his various stays at NCCC: "food cart worker" and "baker." Id. at 86. All of these claims, especially the warning of possible punishment should Ford refuse to work, suggest that a policy was in place which required that pretrial detainees work during their incarceration.

In short, Ford's deposition testimony presents a close question as to whether he was subjected to a policy within the meaning of Monell. See Monell, 436 U.S. at 690, 98 S.Ct. at 2036. However, it is difficult to believe that prison officials would, absent a policy, force Ford to work and threaten him with segregation if he did not. Thus, notwithstanding the potential evidentiary weaknesses in Ford's claim, the merits of Ford's allegations must be addressed.

(2)

To state a claim under § 1983, a plaintiff must cite a specific right, either conferred by the Constitution or federal law, that was violated. See Baker v. McCollan, 443 U.S. 137, 139, 99 S.Ct. 2689, 2692, 61 L.Ed.2d 433 (1979). Ford simply asserts that the defendants violated his "civil and constitutional rights" by requiring him to work. Pl. Letter of June 12, 1998. But, as he is a pro se plaintiff, the court feels obliged to deal with his claim on the merits because it is undisputed that Ford was, in fact, put to work prior to the adjudication of his guilt or innocence. Although plaintiff's papers refer to slavery and double jeopardy, defendants have analyzed this...