Henrius v. Cnty. of Nassau

• Decision Date: 31 March 2016
• Docket Number: 13-CV-1192 (SJF)(SIL)
• Parties: JOVANY HENRIUS, et al. Plaintiffs, v. COUNTY OF NASSAU, et al. Defendants.
• Court: U.S. District Court — Eastern District of New York

JOVANY HENRIUS, et al. Plaintiffs,
v.
COUNTY OF NASSAU, et al. Defendants.

13-CV-1192 (SJF)(SIL)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK

March 31, 2016

OPINION and ORDER

FEUERSTEIN, District Judge:

Pending before the Court is, inter alia, the motion of defendants Michael J. Sposato ("Sheriff Sposato"), as Sheriff of Nassau County¹; the County of Nassau ("the County"); County Executive Edward Mangano ("Mangano"); the Nassau County Jail or Nassau County Correctional Center ("NCCC"); the Nassau County Sheriff's Department ("NCSD"); "Officer Saeed, (N.C.C.C.)" ("C.O. Saeed"); "Officer Hayman, (N.C.C.C.)" ("C.O. Hayman"); and "John Doe" corrections officers at the NCCC (collectively, "the County defendants"), seeking, inter alia, to dismiss all claims asserted against them by consolidated plaintiffs Anthony Tedesco ("Tedesco"), Young, Bruny E. Fenelon ("Fenelon"), Joseph Marone ("Marone") and Alan Mayo

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("Mayo") pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure and the Prison Litigation Reform Act ("PLRA"), 42 U.S.C. §§ 1997e(a) and (e).² Only Marone opposes the motion. Although Tedesco, Young, Fenelon, and Mayo were served with the County defendants' motion to dismiss their claims on August 22, 2014, none of them have filed any response to the respective motions, nor sought an extension of time to do so.³ Accordingly, the County defendants' application to have their motion to dismiss the claims of Tedesco, Young, Fenelon and Mayo be considered as unopposed, (DE 266), is granted. For the reasons set forth below, the County defendants' motion to dismiss is granted in part and denied in part.

I. Background

A. Tedesco's Action

On or about February 11, 2014, Tedesco commenced an action in this Court against Anthony J. Annucci ("Annucci"), and/or his predecessor, as the Acting Commissioner of the New York State Department of Corrections and Community Supervision; Sheriff Sposato; the Nassau University Medical Center ("NUMC") and its employees Mrs. Davis, "John Doe" and "Jane Doe" (collectively, "the NUMC defendants"); Armor Correctional Health Services of New

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York, Inc. ("Armor"), i/s/h "Armour Correctional Health, Inc.," and its employees Dr. Theodora Kay-Njemanzi, Mrs. Miller, "John Doe" and "Jane Doe" (collectively, "the Armor defendants"); C.O. Saeed; C.O. Hayman; and "John Doe" and "Jane Doe" employees of the Nassau County Sheriff's Department and the NCCC, which was assigned docket number 14-cv-1054. Tedesco challenges, inter alia, a variety of purportedly unsanitary, unhealthy and/or unsafe conditions existing at the NCCC during the time that he was incarcerated there as a pretrial detainee, i.e., from on or about March 23, 2011 through April 6, 2012, and as a convicted prisoner, i.e., from on or about August 3, 2012 through December 5, 2012, (see Complaint filed by Anthony Tedesco, originally assigned docket number 14-cv-1054, ["Tedesco Compl."], at 1 and ¶ 4), as well as C.O. Hayman's alleged verbal harassment and interference with his medical needs on September 6, 2012, (id. at 19, ¶¶ 62-63); and claims, inter alia, to have suffered "irritation and itching on [his] body, . . . severe foot and toenail fungus[,] . . . rashes and skin irritation[] and discoloration . . . ," from the purported conditions of confinement, (Tedesco Compl., ¶ 7), as well as "stress, physical[] and mental anguish, . . . depression[,] . . . anxiety . . . [and] symtoms [sic] of (P.T.S.D.) Post Tramatic [sic] Stress Disorder" as a result of "the continued abuse and neglect conspired by the defendants at [the NCCC]." (Id. at 23, ¶ 72). Tedesco seeks, inter alia, (1) judgment declaring that defendants "have acted in violation of the United States Constitution[;]" (2) an injunction prohibiting defendants "from repeating such action as described in [his] complaint to [him] and or any person, inmate, at [the NCCC];" and (3) compensatory damages in the amount of one million dollars ($1,000,000.00), "cosmetic damages" in the amount of two hundred fifty-thousand dollars ($250,000.00), "indeterminate damages" in the amount of one million dollars ($1,000,000.00), and punitive damages in the

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amount of ten million dollars ($10,000,000.00). (Id., at 31-32).

By order dated April 22, 2014, Tedesco's action was consolidated with the case assigned docket number 13-cv-1192, which is now called Henrius v. County of Nassau ("the Henrius case")⁴, the lead case in a number of consolidated cases challenging the conditions of confinement purportedly existing at the NCCC that were commenced on or after February 28, 2013.

By order dated September 16, 2015, Tedesco's claims against the Armor defendants were dismissed in their entirety with prejudice, (see DE 306), and by order dated March 24, 2016, Tedesco's claims against Annucci and seeking prospective injunctive relief were dismissed in their entirety with prejudice, (see DE 320). The NUMC defendants have not moved to dismiss Tedesco's claims against them in this action.

B. Young's Action

On or about March 12, 2014, Young commenced an action in this Court against DeMarco, Sharkey, and the "Medical Staff" and "Dental Staff" at the NCCC ("the Medical/Dental defendants"), which was assigned docket number 14-cv-1675. Like Tedesco, Young also challenges, inter alia, a variety of purportedly unsanitary, unhealthy and/or unsafe conditions existing at the NCCC during the time he was incarcerated there, i.e., from June 30, 2012 until March 10, 2013, (see Complaint filed by Richard Fitzgerald Young, originally

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assigned docket number 14-cv-1675 ["Young Compl."], at 4-5), and claims, inter alia, (1) that he once "lost [his] balance as [he] was taking a shower . . . [and] stumbled into the stainless steel sides[,]" infecting his ring finger, which became swollen and painful, and his right arm, (id. at 4, ¶ IV.A); and (2) that he "was bitten one night by an unidentified insects [sic] on [his] left arm[,]" which "grew red bumbs [sic]" for which he was given "Hydrocrotozone cream by the nurse Ms. Davis." (Id. at 6). Young seeks "[a] portion of the class-action relief." (Young Compl., ¶ V).

On or about March 19, 2014 and April 9, 2014, Young filed identical complaints against DeMarco, Sharkey and the Medical/Dental defendants, which were assigned docket numbers 14-cv-1955 and 14-cv-2353, respectively. As set forth above, Young's complaints are deemed amended to substitute Sheriff Sposato for Vincent DeMarco and to withdraw all claims against Michael Sharkey.

By order dated April 24, 2014, Young's actions were consolidated with each other, to proceed under the lead case docket number, 14-cv-1675, and the lead case was consolidated with the Henrius case. By order dated September 16, 2015, Young's claims against the Medical/Dental defendants were dismissed in their entirety with prejudice. (See DE 306).

C. Fenelon's Action

On or about February 18, 2014, Fenelon commenced an action in this Court against Sheriff Sposato, which was assigned docket number 14-cv-1143. Fenelon alleges:

"I have recieved [sic] emotional distress for over excessive [six] lock-ins in my cell. Also I've been exposed to very unhealthy and poor conditions of the jail. I have been exposed to unsafe showers throughout my entire incarceration. My cell and dorm that I lived in was without heat[;] also showers are without hot water. I have been eating with the same plastic spoon for over a year and been refused by

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officers for a new one. Worked as a dorm worker without pay and was given food for my work compensation. I have been held in dorms where administrative segregation inmates were held in which I have been punished by having my recreation time out cut."

(Complaint filed by Bruny E. Fenelon, originally assigned docket number 14-cv-1143 ["Fenelon Compl."], ¶ IV). Fenelon does not assert any injuries resulting from the conduct of which he complains, (see Fenelon Compl., ¶ IV(A)), and seeks "therapy for the continuous lock in [sic] treatment and the loud banging of the cell gates early in the morning . . . [and] $500,000 [five hundred thousand dollars] for the wrongful treatment and exposure to the unsafe and unhealthy conditions." (Id., ¶ V).

By order dated April 22, 2014, Fenelon's action was consolidated with the Henrius case.

D. Marone's Action

On or about June 11, 2014, Marone commenced an action in this Court against the County of Nassau; County Executive Edward Mangano; the NCCC; Sheriff Sposato; and Armor and its employees Dr. C. Sanchez, Michael Parrinello, and Laina Hunt (collectively, "the Armor defendants"), which was assigned docket number 14-cv-3786. Marone alleges, inter alia, (a) that upon his admission to the NCCC on May 7, 2014, until May 24, 2014, he was issued only one (1) uniform even though the Inmate Handbook clearly states that each inmate will get two (2) sets of uniforms, (Complaint filed by Joseph Marone, originally assigned docket number 14-cv-3786 ["Marone Compl."], ¶ IV[1]); (b) that cells had "green or black mold" and "bad air circulation from the air vents being clogged with a lot of dust[,]" (id.); (c) that there is "[t]errible roach infestation[,]" (id.); (d) that from May 10, 2014 to May 12, 2014, he "was forced to sleep on a

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mattress that had black mold growing on it," (id.); and (e) that when he asked "multiple officers" for a new mattress, he was told that "they [would] work on it," then they never got back to him. (Id.)

Marone further alleges that on May 14, 2014, at approximately 10:30 a.m., he was moved to a cell in a different housing area, which had a problem with the toilet. (Marone Compl. at 4a, ¶ 4). According to Marone, he asked numerous officers to call maintenance and they told him that they would, "but it never got done," (id.), so he "had no choice but to hold [his] bowel movements for 3 days causing [him] constipation and pains in [his] stomach." (Id.)

In addition, Marone alleges that on May 17, 2014, at approximately 7:30 a.m., he was...