Heyliger v. Krygier
| Decision Date | 28 September 2018 |
| Docket Number | 6:14-CV-06123 EAW |
| Citation | 335 F.Supp.3d 482 |
| Parties | Derek A. HEYLIGER, #12-B-0269, Plaintiff, v. Joyce KRYGIER, Stephen Casaceli, Paul Black, and Richard Beall, Defendants. |
| Court | U.S. District Court — Western District of New York |
Derek A. Heyliger, Dannemora, NY, pro se
Bernard F. Sheehan, NYS Attorney General's Office Department of Law, Rochester, NY, for Defendants
DECISION AND ORDER
Pro se plaintiff Derek A. Heyliger ("Plaintiff") brings this action asserting claims under 42 U.S.C. § 1983. (Dkt. 1). The operative complaint in this action is Plaintiff's Amended Complaint, filed on June 19, 2014. (Dkt. 8). Defendants Paul Black ("Black"), Stephen Casaceli ("Casaceli"), Richard Beall ("Beall"), and Joyce Krygier ("Krygier") (collectively "Defendants") have now moved for summary judgment. (Dkt. 53).
Defendants contend that summary judgment is appropriate because they did not use excessive force against Plaintiff, violate Plaintiffs equal protection or First Amendment rights, or thwart Plaintiff's right of access to the courts. (Dkt. 53-8). Plaintiff responded with a cross-motion for summary judgment. (Dkt. 55). In his crossmotion, Plaintiff indicated he wishes to waive all claims against Casaceli, Beall, and Krygier—thus, only pursuing claims against Black. (Id. at 31).2 However, he contends there are genuine issues of material fact regarding his claims against Black and requests that summary judgment as to those claims be denied. (Id. ). For the reasons that follow, Defendants' motion for summary judgment (Dkt. 53) is granted and Plaintiff's crossmotion for summary judgment (Dkt. 55) is denied.
Plaintiff commenced this action on March 13, 2014, alleging claims against employees at the Wende Correctional Facility ("Wende") and the Clinton Correctional Facility. (Dkt. 1). On May 21, 2014, the Court ordered that Plaintiff's claims regarding the Clinton Correctional Facility be transferred to the Northern District of New York. (Dkt. 7). Plaintiff then filed his Amended Complaint on June 19, 2014. (Dkt. 8). The Court screened the Amended Complaint pursuant to 28 U.S.C. § 1915(e) and allowed the following claims to proceed to service: (1) excessive use of force on Plaintiff by Black; (2) violation of Plaintiff's equal protection rights by Black; (3) violation of Plaintiff's First Amendment rights by Black; (4) failure to adequately train subordinates or to supervise, control, discipline, or correct unconstitutional practices or conditions by Casaceli, Beall, Dale Artus, and Brian Fisher; and (5) thwarting of Plaintiff's access to physical evidence by Krygier and Casaceli. (Dkt. 9 at 5-7).
On February 18, 2015, the remaining defendants moved to dismiss the Amended Complaint in part. (Dkt. 13). The Court granted the motion by Decision and Order dated March 21, 2016, dismissing Dale Artus and Brian Fisher from the case and dismissing Plaintiff's claims against Defendants in their official capacities. (Dkt. 18 at 6, 8). Defendants subsequently filed their answers to Plaintiff's Amended Complaint. (Dkt. 19; Dkt. 20; Dkt. 21; Dkt. 22).
Discovery in this matter closed on May 20, 2017. (Dkt. 46). On July 5, 2017, Defendants filed the instant motion (Dkt. 53), seeking summary judgment on all remaining claims, namely: (1) excessive use of force on Plaintiff by Black in his personal capacity; (2) violation of Plaintiff's equal protection rights by Black in his personal capacity; (3) violation of Plaintiff's First Amendment rights by Black in his personal capacity; (4) failure to adequately train subordinates or to supervise, control, discipline, or correct unconstitutional practices or conditions by Casaceli and Beall in their personal capacities; and (5) thwarting Plaintiff's access to physical evidence by Krygier and Casaceli in their personal capacities. (Dkt. 53-8 at 3). On July 31, 2017, Plaintiff responded to Defendants' motion with a cross-motion for summary judgment. (Dkt. 55). Defendants replied to Plaintiff's cross-motion for summary judgment on August 16, 2017. (Dkt. 57).
The following facts are taken from Defendants' Local Rule 56 Statement of Facts (Dkt. 53-1) ("Defendants' Statement") and Plaintiff's responsive papers (Dkt. 55). Because Plaintiff has failed to respond to each paragraph of Defendants' Statement as required by the Local Rules of Civil Procedure (see L. R. Civ. P. 56(a)(2) ), and because the facts set forth therein are supported by citations to admissible evidence, the Court has generally deemed them admitted for purposes of this Decision and Order. See N. Y. State Teamsters Conference Pension & Ret. Fund v. Express Servs., Inc. , 426 F.3d 640, 648-49 (2d Cir. 2005). However, where Plaintiff has specifically controverted particular facts, the Court has noted the disagreement, and has viewed the evidence in the light most favorable to Plaintiff.
On May 24, 2012, Black, Beall, and other New York State Department of Corrections and Community Supervision ("DOCCS") staff responded to a seven-inmate fight in a yard at Wende. (Dkt. 53-1 at ¶ 10). Beall was the area supervisor. (Id. at ¶ 11). Casaceli was not present in the yard when the fight occurred, nor did he directly supervise Black. (Id. at ¶¶ 12, 82).
At the time the fight broke out, there were approximately 66 inmates in the yard. (Id. at ¶ 13). Two inmates were fighting when Beall arrived. (Id. at ¶ 14). The DOCCS officers gave numerous orders to the inmates to stop, and when neither complied, additional staff was called, including Black. (Id. at ¶¶ 15, 18).
Plaintiff punched one of the two fighting inmates, and then a fourth inmate attacked Plaintiff before three more inmates joined the fight. (Id. at ¶¶ 16-17). When Black arrived, he saw Plaintiff fighting with another inmate. (Id. at ¶ 18). Plaintiff was hit on the top of the head by the inmate, which knocked him back onto the ground. (Dkt. 53-4 at 9). Plaintiff then got up and ran back towards the fight. (Id. at ¶ 19). Black and other staff instructed Plaintiff to stop fighting, but Plaintiff continued to try to rejoin the fight.3 (Id. at ¶ 20). Black struck Plaintiff with his baton, and Plaintiff fell to the ground. (Id. at ¶ 21). Defendants allege Black struck Plaintiff on the knee (id. ), while Plaintiff maintains he was struck on his head and then his knee (Dkt. 55 at 3, 5).
Plaintiff was handcuffed while the fight was ongoing, at which time Plaintiff, who is an African American male, protested Black's actions. (Id. ). In response to Plaintiff, Black allegedly said, "Shut up you nigger, before I hit you again." (Id. ). The entire incident, from the start of the fight to the officers placing Plaintiff in handcuffs, lasted approximately 30 seconds. (Dkt. 53-1 at ¶ 25; Dkt. 55 at 5).
Plaintiff was taken for medical examination and later transported to the Erie County Medical Center for further medical treatment. (Dkt. 53-1 at ¶¶ 23, 26). Medical staff determined Plaintiff had three abrasions on his face
, a two-inch long, half-inch deep laceration on the top of his head, an abrasion on his elbow, and scratches on his hand and near his eye. (Dkt. 55 at 27). Plaintiff alleges that he received 14 staples in his scalp for the laceration. (Id. at 38). A 2-¼ inch tin can lid was recovered from the yard by DOCCS staff after the fight. (Dkt. 53-1 at ¶ 27).
Plaintiff maintains that Black's conduct amounts to excessive use of force and a violation of Plaintiff's equal protection and First Amendment rights, (Dkt. 55 at 6), and alleged in his Amended Complaint that Casaceli and Beall failed to adequately train subordinates or to supervise, control, discipline, or correct unconstitutional practices or conditions (Dkt. 8 at 13).
A surveillance camera recorded the yard-fight incident described above on videotape. (Dkt. 53-1 at ¶ 49). During a disciplinary hearing for Plaintiff regarding this incident, the video was viewed several times by Plaintiff and the presiding officer, Casaceli. (Id. ). On June 19, 2012, Casaceli informed Plaintiff in a memorandum that the videotape would be preserved. (Id. at ¶ 54). The Inmate Record Coordinator ("IRC") office generally only saves surveillance videos for two weeks unless an inmate requests preservation. (Id. at ¶ 63). The Freedom of Information Law ("FOIL") office and IRC office are usually not aware of the existence of videotapes shown at inmate disciplinary hearings and had no knowledge of the videotape shown at Plaintiff's hearing. (Id. at ¶¶ 56-57). Plaintiff sent a FOIL request asking for the videotape of the incident. (Id. at ¶ 58). An IRC staff member responded to Plaintiff's request under Krygier's name and advised Plaintiff that the videotape no longer existed because more than two weeks had passed since the yard fight. (Id. at ¶ 64). The video was later discovered in the hearing packet and was provided to Plaintiff. (Id. at ¶ 77).
A copy of the surveillance video was provided to and reviewed by the Court in connection with the instant motion for summary judgment. (See Dkt. 53-4 at 9). The surveillance video comports with the description of the yard fight set forth above. Plaintiff acknowledges that the surveillance video "accurately shows the events on May 24, 2012...." (Dkt. 55 at ¶ 18).
In his Amended Complaint, Plaintiff alleged Casaceli and Krygier violated his constitutional rights because the initial response to his request for the videotape thwarted his access to physical evidence and consequently to the courts. (Dkt. 8 at 16-2; Dkt. 9 at 6-7).
Rule 56 of the Federal Rules of Civil Procedure provides that summary judgment should be granted if the moving party establishes "that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(a). The Court should grant summary judgment if, after considering...
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