Henrius v. Cnty. of Nassau
| Decision Date | 22 March 2019 |
| 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 |
Pending before the Court is the unopposed motion of defendants Michael J. Sposato ("Sposato"), in his individual capacity; the County of Nassau ("the County"); and "John Doe #1" and "John Doe #2," individually and in their official capacity as "County Cooks for Nassau County Correction Center ['NCCC']" (collectively, "defendants"), seeking, inter alia, summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure dismissing the remaining claims of consolidated pro se plaintiff Jovany Henrius ("Henrius") in this action in their entirety with prejudice for his failure to exhaust available administrative remedies.1 Although Henrius was served with defendants' motion on August 20, 2018, (see DE 527, 535), he has not filed any response to the motion, nor sought an extension of time to do so. Accordingly, by order dated January 2, 2019, the Court granted defendants' application to file the motion as unopposed. On that same date, defendants served a copy of the January 2, 2019 order upon Henrius by mailing a copy thereof to him at his last known address. (DE 538). For the reasons set forth below,defendants' motion is granted in its entirety.
On or about April 11, 2013, Henrius commenced a civil rights action pursuant to 42 U.S.C. § 1983 ("Section 1983") in this Court against the County and Sposato challenging the conditions of confinement at the NCCC, which was assigned docket number 13-cv-2349. By Order dated May 20, 2013, inter alia: (i) eleven (11) actions brought by incarcerated pro se plaintiffs challenging the conditions at the NCCC, including Henrius's action, were consolidated for all purposes to proceed under the lead case, Reid, et al. v. Nassau County Sheriff's Department, et al., No. 13-cv-11922; and (ii) all subsequently filed pro se actions relating to the subject matter of the consolidated action were directed to be consolidated under the lead case docket number. Currently, Henrius is the only plaintiff remaining in the consolidated action; the claims of all other consolidated plaintiffs have previously been dismissed at various times throughout this litigation.
On or about June 7, 2013, Henrius, together with three (3) other consolidated plaintiffs, filed an amended complaint in the consolidated action.3 (DE 8). In the amended complaint,Henrius alleges, inter alia, (i) that he was detained in the NCCC since May of 20114, (Amended Complaint [ ], and (ii) that inmates at the NCCC, including himself: (A) "are subjected to inhumane conditions that have pose [sic] unreasonable and substantial risk to . . . [their] health[,]" (id., ¶ 1); (B) "are force [sic] to live in the amidst [sic] of filth, overflowing backups of sewage of stilled water in showers, cells with chipped peeling paint, dried human fecal matters and foods encrusted on walls, ceiling, poor ventilation, inadequate cleaning supplies, insect and rodent populations, sinks and toilets in cells[] don't work properly, cells that are too cold, poorly prepared, unsanitary and unwholesome meals, water leaking ceilings, [i]nadequate medical treatment, . . . [and] [c]ooks not following illness inmates [sic] and plaintiffs [sic] diet meals[] or State provided nutritionally [sic] guidelines[,]" (id.); (C) "lack access to Safe Foods, proper medical diets, as well as basic necessities such are [s]anitary and properly [f]unctioning sinks, toilets, and showers, rodents, and insects invade . . . [their]living areas and [c]ontaminate [their] foods[,]" (id., ¶ 2); (D) "sleep in freezing cells" in the winter and "attempt to fight off the cold cells with a single worn blanket[,]" (id.); (E) are housed in "unsanitary" cells with toilets and "poor ventilation," (id., ¶ 21); (F) "are force [sic] to live in [s]qualid unhygienic and hazardous living conditions that pose a substantial and ongoing risk to [their] physical and mental health[,]" (id.); (G) "are subjected to cells with [1] chipped peeling paint on walls believed to obtain [sic] led [sic], . . . [2] walls . . . encrusted with human feces stains, [3] toilet and sinks . . . [that] are very out-dated[] and don't work properly, . . . [4] toiletseats [that] have accrued filth over time, as a result of the frequent waste, [which] has caused [them] to suffer from rashes on their buttocks, and infections[,] . . . [5] no ventilation[,] . . . [6] air-ducts [that] are clogged with rust and mold, and . . . [7] windows [that] are 'sealed shut[,]'" (id.); (H) "are subjected to numerous [c]ockroaches [c]rawling everywhere, including biting [them] on their 'arms and faces' at night, causing [them] infections on their bodies[,]" (id., ¶ 22); (I) "have to deal with active infestation of mice's [sic], that run around during the night[] . . . [and] eat [their] foods [sic] purchase[d] from [the] [c]ommissary[,]" (id., ¶ 23); (J) "have numerous mice feces[] inside the only drinking cup that are giving to them[,] . . . [which] 'obsord' [sic] the mices [sic] feces that carry disease and harmful parasites or even hepatitis to add more serious conditions to [their] health[,]" (id.); (K) are "being served unhealthy, unsanitary foods . . . infested with insects and mice droppings[,]" (id., ¶ 24; see also id., ¶ 35); (L) "are being underfed, and the food quanitity [sic] and quality . . . has [sic] been 400 [c]alories each day, below the nationally recommended based 2000 [c]alories diet allowance for [them] . . . [which] has subjected [them] to contract severe migraines [sic] headaches, dizzy spells, and during the night time, stomach ache and pains[,]" (id.); (M) "are subjected to showers, that are [c]over [sic] in black mole [sic], mildew, stilled water of sewage backups on the flooring shower drains, that are frequently clogged and subjected [them] to contract severe fungal infection [sic] on their feets [sic][,]" (id.., ¶ 25); and (N) "live in very cold temperature in cells, during the winter months . . . [,]" as a result of which they "'must' wear all of their County issuing [sic] clothing, a pair of socks on their hands and a towel wrap [sic] around [their] faces, to protect from the cold[,]" which "disrupts . . . [their] sleeping patterns" and causes them "stress." (Id., ¶ 27).
According to Henrius, the County defendants: (i) "have known about the appalling un-[s]anitary [sic] [c]onditions and [p]oor medical treatment in the NCCC after numerous [c]omplaints from [himself] as well as other-inmates [sic] including State Official's [sic], but . . . have failed to make reasonable efforts to remedy these . . . conditions[,]" (Amend. Compl., ¶ 5; see also id., ¶¶ 51, 52); (ii) have ignored the "numerous complaints about the conditions of the showers . . . and have not fixed the showers[,]" (id., ¶ 25); (iii) have refused or ignored requests for adequate cleaning supplies "to remove the mold" on the showers, (id., ¶ 26), and "to try to remove the human encrusted [f]eces on walls in cells and clean the toilets in cells, including mold . . . [,]" (id., ¶ 28); (iv) have not provided him with "his proper vegetarian diet meals, prescribe [sic] by Doctor's [sic][,]" (id., ¶ 35), "intentionally serve [him] 'meats' inside of his meals throughout the day[,]" (id.), and have provided "no remedy" to him despite his "numerous grievances," (id.); (v) have "a history of sanitation problems in the NCCC[,]" (id., ¶ 37); and (vi) "either ratified these acts or condoned them to such a degree, that they became part of the policy, custom, practice, and procedures of the County and Sposato, . . . [which] violated [his] . . . [c]onstitutional [rights]." (Id., ¶ 53).
Henrius alleges that he and other inmates at the NCCC "suffer from [c]hronic ailments, including persistent and recurring digestive issues, mental issues, stomach pains, skin and head infections, rashes, severe migrain [sic] headaches and dizzy spells and . . . are at current and ongoing risk of suffering from more serious ailments in the future[,]" as a result of the "poor conditions . . . at the NCCC." (Amend. Compl., ¶ 3; see also Id, ¶ 13 []; and Id., ¶ 35 []).
Henrius's remaining claims in the amended complaint assert, inter alia, two (2) causes of action pursuant to Section 1983 for violations of his due process rights under the Fourteenth Amendment to the United States Constitution and the right to be free from cruel and unusual punishment under the Eighth Amendment to the United States Constitution (); and seek, inter alia, (i) injunctive relief "in the form of an appropriate remedial order to improve the [c]onditions in the NCCC, to meet minium [sic] Constitutionally acceptable [s]tandards," (Amend. Compl., ¶ 5), and "enjoin[ing] [d]efendants, and their successors, from subjecting [Henrius] and other inmates in the NCCC to unsanitary, unhealthy, and unsafe conditions, and requir[ing] that a remedy be formulated, subject to Court's approval and modification, if necessary, to end the inhumane conditions described herein at the NCCC[,]" (id. at 22-23); (ii) judgment declaring that "subjecting [Henrius] to the conditions described [in the amended complaint] violates the Eighth and Fourteenth Amendments to the United States Constitution[,]" (id. at 22); and (iii) "money damages to...
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