Gill v. Hoadley

• Decision Date: 21 May 2003
• Docket Number: No. CIV.A.9:01-CV-0323 F.,CIV.A.9:01-CV-0323 F.
• Citation: 261 F.Supp.2d 113
• Parties: Anthony G. GILL, Plaintiff, v. V. HOADLEY, J. Giannotta, C. Gummerson, Walter Pelc, Rodney Ashby, L. Vanderwerff, Mr. Franczek, G. Gibson, Lt. Quinn, John J. Burns, J. Burge and Hans Walker, Defendants.
• Court: U.S. District Court — Northern District of New York

261 F.Supp.2d 113

Anthony G. GILL, Plaintiff, v. V. HOADLEY, J. Giannotta, C. Gummerson, Walter Pelc, Rodney Ashby, L. Vanderwerff, Mr. Franczek, G. Gibson, Lt. Quinn, John J. Burns, J. Burge and Hans Walker, Defendants.

No. CIV.A.9:01-CV-0323 F.

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

May 21, 2003.

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Anthony G. Gill, Rome, NY, Pro se.

Eliot Spitzer, Attorney General of the State of New York, Office of Attorney General (Lisa Ullman, Esq., Assistant Attorney General, Of Counsel), Syracuse, NY, for Defendants.

REPORT AND RECOMMENDATION

PEEBLES, United States Magistrate Judge.

Plaintiff Anthony G. Gill, a New York State prison inmate who is no stranger either to this court or to civil rights litigation generally, has commenced this action pro se under 42 U.S.C. § 1983 complaining of alleged constitutional violations committed by the named defendants during the period of his confinement at the Auburn Correctional Facility ("ACF"). Plaintiffs complaint, which stems from incidents occurring in the first half of 2001, contains a variety of claims against the corrections employees sued; those claims can be divided into three groupings, entailing allegations that 1) defendants retaliated against Gill for his exercise of protected First Amendment rights, including his filing of grievances; 2) defendants violated his First Amendment free exercise rights by preventing him from attending religious services; and 3) defendants violated his Eighth Amendment rights by subjecting him to conditions tantamount to cruel and unusual punishment. Plaintiffs complaint seeks compensatory damages for mental anguish and emotional distress in varying amounts ranging from $200,000 to $500,000 against each of the twelve defendants.

Defendants initially responded to plaintiffs filing of an amended complaint—the pleading now before the court—by seeking its dismissal for failure to state a cause of action. Plaintiff has since opposed that motion and cross-moved for summary judgment in his favor. Defendants oppose that motion, arguing that it is premature since they have not yet had an opportunity to conduct discovery concerning plaintiffs claims, and additionally have cross-moved seeking summary judgment dismissing plaintiffs complaint.

Because I find that certain of plaintiffs claims cannot withstand Rule 12(b)(6) scrutiny, I recommend their dismissal. Others, however, have facial merit; as to those, I find that while some are subject to dismissal as a matter of law, others implicate triable issues of material fact which preclude the entry of summary judgment in favor of either the plaintiff or defendants, particularly since pretrial discovery has not yet occurred.

I. BACKGROUND

Since this matter is currently before the court both on motion by the defendants challenging the legal sufficiency of plaintiffs complaint and as a result of the filing of cross-motions for summary judgment, I will recite the essential facts as alleged in plaintiffs amended complaint, and will note defendants' counter position concerning any contested allegation.

A. Plaintiffs Amended Complaint

Plaintiffs claims arise out of his confinement within the ACF. Amended Complaint (Dkt. No. 20) ¶ 11. Plaintiff asserts that on or about January 29, 2001, after just having been released from keeplock confinement due to a disciplinary report allegedly "orchestrated" by Corrections Officer V. Hoadley, a defendant in this action, Hoadley instructed fellow Corrections Officer Randolph Calhoun—who is not named as a defendant—to confine Gill to his cell, allegedly as a result of grievances filed by Gill against Hoadley. Id. ¶¶ 2-5. Plaintiff alleges that Corrections Sergeant J. Giannotta then advised Gill that he would not "tolerate any grievances against [his] officers" and threatened him with confinement in the facility's special housing unit ("SHU") if he filed any further grievances. Id. Gill claims that during the course of this conversation defendant Giannotta was hostile and abusive towards him, including by using profanity. Id. ¶ 13.

Plaintiff also maintains that after being placed in keeplock he was deprived of his noon lunch meal due to the fact that his disciplinary confinement was initiated after keeplock "feed-up trays" were delivered to his cell block. Id. ¶ 6, n. 3. Additionally, plaintiff asserts that while confined in keeplock he was denied his one hour daily keeplock exercise for the four day period ending on February 1, 2001 (id. ¶ 9), and that he was denied the opportunity to attend an evening Jehovah Witness religious service on January 29, 2001.¹ Amended Complaint (Dkt. No. 20) ¶ 10, n. 4, Exh. D.

Plaintiffs keeplock confinement was followed on or about January 30, 2001 with the issuance of a disciplinary report, authored by defendant Hoadley, charging Gill with violation of prison rules 107.11 (harassment) and 107.20 (lying). Amended Complaint (Dkt. No. 20) ¶ 7, Exh. B. A Tier II disciplinary hearing was conducted on or about February 2, 2001 by Corrections Lieutenant Ashby, another named defendant, concerning the Hoadley disciplinary report.² Amended Complaint (Dkt. No. 20) ¶ 11. At the conclusion of the hearing the charges against Gill were ordered dismissed. Amended Complaint (Dkt. No. 20) ¶ 11. At the time of dismissal, plaintiff had served four days of keeplock confinement in his cell. Id.

The second facet of plaintiffs complaint stems from his filing on or about April 9, 2001 of a complaint with ACF Deputy Superintendent of Security J. Burns, another named defendant, related to allegations of the posting of Gill's photograph in the ACF Messhall/Kitchen area. Amended Complaint (Dkt. No. 20) ¶ 12, n. 5. According to the plaintiff, that report led to his being placed on keeplock confinement status on or about April 12, 2001, and the subsequent receipt on April 13, 2001 of a disciplinary report, authored by Corrections Officer Walter Pelc, alleging violation of prison rule 107.20 (lying). Id. ¶¶ 12-14, Exh. F. A Tier II disciplinary hearing was commenced by defendant Ashby on April 17, 2001 concerning this latest disciplinary report, although the hearing was later adjourned until April 19, 2001. Id. ¶¶ 17-19. At the conclusion of the hearing defendant Ashby found plaintiff guilty of the infraction alleged, and imposed a sentence of twenty-one days of keeplock confinement with a corresponding loss of privileges. Id. ¶ 20, Exh. I. Plaintiff alleges that his appeal from the Tier II disposition, filed with ACF Superintendent Hans Walker on April 19, 2001, went unanswered. Id. ¶ 22.

As a result of the Tier II disposition plaintiff was confined in keeplock status in his cell for a twenty-one day period, ending on May 3, 2001. Id. ¶ 23. During that time plaintiff asserts he was denied permission to attend Jehovah Witness religious services on April 13, 2001, April 16, 2001, April 20, 2001, April 23, 2001, April 27, 2001, and April 30, 2001. Id. ¶ 16, Exh. G.

The third aspect of plaintiffs complaint stems from an incident which occurred on May 4, 2001. Id. ¶ 24. On that date, during the course of a "pat frisk" in a school building basement, plaintiffs watch was lost. Id. ¶ 24. Later that afternoon plaintiff was placed on keeplock status, and the following day received a disciplinary report, authored by Corrections Officer L. Vanderwerff and endorsed by Corrections Officers Franczek and Gibson—all named defendants—alleging violation of prison rules 107.20 (lying), 106.10 (disobeying a direct order) and 104.13 (engaging in disturbance). Amended Complaint (Dkt. No. 20) ¶ 26, Exh. K. Plaintiff alleges that this disciplinary report was a direct result of his accusations that corrections officers had taken his watch. Id. ¶ 27. A Tier II disciplinary hearing was subsequently held in connection with those charges, commencing on May 7, 2001 by Corrections Lieutenant Quinn, another named defendant. Id. ¶ 29. The hearing was thereafter adjourned, and continued on May 9, 2001, and again to a later date, based upon the unavailability of Corrections Officer Vanderwerff. Id. ¶¶ 30-32. During the hearing, which was ultimately conducted on May 23, 2001, plaintiff alleges that defendants Vanderwerff and Franczek submitted false testimony, resulting in a finding of guilt and a sentence of twenty-one days of punitive keeplock confinement, with a corresponding loss of privileges. Id. ¶¶ 32-34, Exh. K. Plaintiff appealed to ACF Superintendent Walker from that Tier II finding on May 23, 2001. Id. ¶ 36. That determination was subsequently affirmed on May 25, 2001 by ACF First Deputy Superintendent J. Burge. Id. ¶ 36, Exh. K.

As a result of the Tier II finding and affirmance plaintiff served a total of twenty-one days in keeplock disciplinary confinement. Amended Complaint (Dkt. No. 20) ¶ 37. During that time plaintiff applied for but was denied permission to attend Jehovah Witness religious services on May 11, 14, 18 and 21, 2001. Id. ¶ 28, Exh. L.

B. Defendants' Counterstatement

Defendants' contentions concerning the January 29, 2001 incident differ slightly, though not materially, from those alleged by the plaintiff. Defendant Hoadley acknowledges issuing a misbehavior report on that date, and that the misbehavior report stems from plaintiffs filing of an inmate grievance. Hoadley Aff. (Dkt. No. 51) ¶¶ 8-9. Hoadley maintains, however, that the misbehavior report was written not in retaliation for the grievance, but rather to address the fact that it contained false information. Id. ¶ 9. Defendant Hoadley also denies depriving the plaintiff of lunch during the time that he was on keeplock status as a result of the January 29, 2001 incident. Id. ¶¶ 12-13. Similarly, defendant Hoadley denies that Gill was not allowed to exercise during that time period. Id. ¶ 14.

Defendants also dispute certain of the plaintiffs allegations surrounding the April 12, 2001 keeplock confinement. Whil...