Fudge v. Martinez

• Decision Date: 30 November 2020
• Docket Number: No. CIV 20-0674 JB/CG,CIV 20-0674 JB/CG
• Citation: 504 F.Supp.3d 1215
• Parties: Bradley Clyde FUDGE, Plaintiff, v. E. Cruz MARTINEZ; Daniel Peters; Estevan Flores; Bayola Luna; Tina M. Perez; L. Hernandez ; Issac Jacobo and Steve Madrid, Defendants.
• Court: U.S. District Court — District of New Mexico

504 F.Supp.3d 1215

Bradley Clyde FUDGE, Plaintiff,

v.E. Cruz MARTINEZ; Daniel Peters; Estevan Flores; Bayola Luna; Tina M. Perez; L. Hernandez ; Issac Jacobo and Steve Madrid, Defendants.

No. CIV 20-0674 JB/CG

United States District Court, D. New Mexico.

Filed November 30, 2020

Bradley Clyde Fudge, Williamsburg, New Mexico, Plaintiff pro se.

MEMORANDUM OPINION AND ORDER

James O. Browning, UNITED STATES DISTRICT JUDGE

THIS MATTER comes before the Court, under 28 U.S.C. § 1915 and rule 12(b)(6) of the Federal Rules of Civil Procedure, on: (i) the Plaintiff's Motion for Service of Summons on Defendants, filed July 23, 2020 (Doc. 7)("Motion for Service"); and (ii) the Plaintiff's Motion for Service of Summons on Defendants, filed September 28, 2020 (Doc. 9)("Second Motion for Service"). Plaintiff Bradley Clyde Fudge appears pro se. Because Fudge states 42 U.S.C. § 1983 claims for which relief can be granted, the Court will: (i) grant the Motion for Service; and (ii) grant the Second Motion for Service.¹

PROCEDURAL BACKGROUND

Fudge filed a Civil Rights Complaint Pursuant to 42 U.S.C. § 1983, filed July 9, 2020 (Doc. 4)("Complaint"), alleging civil rights violations arising during the re-adjudication of his misdemeanor sentence and subsequent incarceration in state prison. Chief United States Magistrate Judge of the United States District Court of the District of New Mexico, the Honorable Judge Carmen E. Garza notified Fudge, sua sponte, that the Complaint fails to state a claim upon which relief can be granted and granted Fudge leave to file an amended complaint. See Fudge v. Brown, No. CIV 20-674 CG, 2020 WL 4015774, at *1 (D.N.M. July 16, 2020) (Garza, M.J.)(" MOO"). Fudge subsequently filed his Amended Complaint. See Plaintiff's Amended Civil Rights Complaint pursuant to 42 U.S.C. § 1983 at 1, filed July 23, 2020 (Doc. 6)("Amended Complaint").

In the Amended Complaint, Fudge alleges that he was denied "due process," as well as "Liberty and Property as a civil right under the protection of the Fifth, and Fourteenth Amendment to the United States Constitution." Amended Complaint ¶ B(1), at 4. Fudge also contends that the Defendants "violat[ed]" his "Eighth Amendment civil right against excessive or cruel or unusual punishment." Amended Complaint ¶ B(1), at 4. Fudge insists that the Defendants received notice "of the cause of action, showed deliberate indifference, and inhibited the plaintiff's attempts at remedying the cause." Amended Complaint ¶ B(8), at 4. Fudge elaborates on the alleged constitutional violations:

Until February 2019 -- Plaintiff endured forced incarceration in state prison ... receiving occasional beatings from inmates ... Only after lengthily investigating procedures for a Writ of Habeas Corpus, and filing many informal grievances, escalating said grievances, appealing grievances, notifying Mental Health providers, medical providers, Correction Officers, the Classifications Board, Unit Manager, Case managers (multiple), Warden, and Deputy Warden, finally the State of New Mexico County of Sierra Seventh Judicial District Court ordered the release of the Plaintiff (No. D-721-CV-2019-00020,) due to an "Illegal Sentence." Access to legal materials was extremely limited, access to a paralegal was inconsistent at best, at times it was impossible to obtain a Notary Public, out-going legal mail was returned to Plaintiff for unjustifiable reasons, living conditions were not sanitary, heat was not on for extended periods, flooded floors were routine (Sewage, or broken plumbing), toilets and showers were regularly non-functional, Unit Manager and Correction Officers regularly berated inmates, prescribed medications were denied, eye glasses were stalled for months, requests for dentures were ignored for months.

Amended Complaint ¶ C(1)(A). With respect to medication denial, Fudge avers that he "had been prescribed morphine

for chronic pain, Plaintiff's medications were denied, and Plaintiff endured six months of withdrawal symptoms," because he "had been on morphine for approximately 14 years ...." Amended Complaint ¶ F(1)(d), at 15-16.

Next, Fudge identifies each Defendant and describes his interaction with the Defendants. See Amended Complaint ¶ b, at 6. Defendant E. Cruz-Martinez is a "Unit Manager" at Southern New Mexico Correctional Facility ("Southern NM"). Amended Complaint ¶ b, at 6. Fudge alleges that he had some questions "about a Habeas Corpus" and that Cruz-Martinez did not give Fudge any helpful information, "no recommendations, only screaming at me, blaming my ignorance completely on me." Amended Complaint ¶ b, at 7. When Fudge "brought evidence of [his] being illegally sentenced, and held," Cruz-Martinez "brushed aside any evidence presented, and told me to speak with my case manager," who "has no power to correct anything." Amended Complaint ¶ b, at 7. Fudge also alleges that Cruz-Martinez "screamed at me on several occasions," and that another Southern NM employee, William Crisp, stated that when Cruz-Martinez was speaking "about a person falsely imprisoned," Cruz-Martinez said "F**k him, let him hire an expensive lawyer." Amended Complaint ¶ c-d, at 7-8. Fudge alleges that Crisp told him that "he watched while [Fudge's] complaints and grievances were ‘lost’ by throwing them away." Amended Complaint ¶ D(1)(d). Cruz-Martinez also allegedly stated "I know about it, we've done all we are going to do" after hearing that Fudge was "being held on a misdemeanor," and stated "yeah" after an employee said that a website showed Fudge "was in county jail, not prison." Amended Complaint ¶ e-g, at 8. After Fudge told Cruz-Martinez that he "thought the mail-room had lost [his] Power of Attorney," Cruz-Martinez "said to see my case manager, I explained that he was not in and would not be in that day, what should I do? She said ‘SUE THE STATE.’ " Amended Complaint ¶ g, at 8.

Fudge alleges that he wrote a letter to Daniel Peters, a "warden" at Southern NM, regarding Fudge "being held on a misdemeanor" and Cruz-Martinez’ actions. Amended Complaint ¶ 2(b), at 9. The letter "was returned" to Fudge "saying I may speak to him during his regular rounds." Amended Complaint ¶ 2(b), at 9. When Fudge spoke to Peters about Cruz-Martinez, Peters instructed Fudge to "write a grievance." Amended Complaint ¶ 2(c), at 9. After Fudge "explained to him that she was the person that received those grievances, and that I already take abuse from her, that would only make it worse," Peters "said that it would make it's [sic] way to Santa Fe." Amended Complaint ¶ 2(c), at 9.

Defendant Estevan Flores is a "Deputy Warden" at Southern NM. Amended Complaint at ¶ 3, at 9. Fudge alleges that, when he was summoned to Flores’ office to receive legal mail, Flores "shoved [a paper] in front of me that stated I had properly received my mail, and in a commanding voice, told [me] to ‘SIGN HERE.’ " Amended Complaint ¶ 3(b), at 9-10. Fudge also alleges that: (i) when he complained about a delay in getting paid, Flores "responded by yelling ‘YOU WANT PAID OR NOT!’;" (ii) a letter Fudge wrote to Flores "was returned" to Fudge without a reply; and (iii) when Fudge filled out "debit memos" for each habeas corpus envelope, Flores said: "This is a prison, not Disney Land." Amended Complaint ¶ 3(c)-(g), at 10. Fudge also alleges that, when he received his legal mail from Flores, it "had been opened, and presumably read." Amended Complaint ¶ 3(b), at 9-10. Finally, Fudge notes that his petition for Habeas Corpus was "returned, unmailed ..." by Flores. Amended Complaint ¶ 3(f), at 10.

Fudge does not know Defendant Bayola Luna's position at Southern NM. Amended Complaint ¶ 4, at 11. Fudge alleges that, when he "ask[ed] for copies of ‘Verification of Habeas Corpus’, before Jacobo could answer, Luna interjected ‘It is against prison policy.’ " Amended Complaint ¶ 4(b), at 11. Fudge also alleges that, when he "asked again, Luna insisted that I not be allowed to have copies made, as ‘It is against prison policy’." Amended Complaint ¶ 4(b), at 11.

Defendant Tina M. Perez is a "Case Manager/Classification Officer" at Southern NM. Amended Complaint ¶ 5, at 11. Fudge alleges that Perez "accused [Fudge] of complaining about" Perez. Amended Complaint ¶ 5(b), at 11. On the day that Fudge was to be released, about 10:00 a.m., Fudge "was run around, and stalled until a few minutes before 6:00 PM." Amended Complaint ¶ 5(c), at 11. When Fudge "was complaining about still being held, Perez then stated very loudly that they could and possibly would hold me until midnight." Amended Complaint ¶ 5(c), at 11-12.

Defendant L. Hernandez is a "Case Manager" at Southern NM. Amended Complaint ¶ 6 at 12. Fudge alleges that Hernandez "confronted" Fudge and accused Fudge of complaining about Hernandez. Amended Complaint ¶ 6(b) at 12. Fudge also alleges that Hernandez summoned Fudge from his pod, was walking Fudge to the release area, and told Fudge he "had to walk on the right side [of the passageway], or he would ‘write me up,’ and I would have to stay." Amended Complaint ¶ 6(c), at 12.

Defendant Isaac Jacobo is a "Case Manager" at Southern NM. Amended Complaint ¶ 7, at 13. One morning, Fudge went to Jacobo to get a document notarized and Jacobo said: "Come back after lunch." Amended Complaint ¶ 7(b), at 13. Fudge returned after lunch, but the notary did not show up until a couple days later. Amended Complaint ¶ 7(b), at 13. Fudge also alleges that Jacobo " ‘lost’ my originals of an informal grievance" and "denied me copies of ‘Verification of Habeas Corpus’, as against prison policy." Amended Complaint ¶ 7(c)-(d), at 13.

Defendant Steve Madrid is the "Statewide Disp./Griev. Appeals Manager." Amended Complaint ¶ 8, at 14. After the "local classifications appeal officer" denied Fudge's "Inmate Classification Appeal," Fudge sent an appeal to Madrid, who "stated that it must be handled at facility level." Amended Complaint ¶ 8(b), at 14.

Fudge filed a Motion for Service when he filed his...