Jackson v. Gandy, Civil No. 09–1141 (RMB/AMD).

• Decision Date: 29 June 2012
• Docket Number: Civil No. 09–1141 (RMB/AMD).
• Citation: 877 F.Supp.2d 159
• Parties: Vince JACKSON, Plaintiff, v. Eric GANDY, et al., Defendant.
• Court: U.S. District Court — District of New Jersey

877 F.Supp.2d 159

Vince JACKSON, Plaintiff,

v.Eric GANDY, et al., Defendant.

Civil No. 09–1141 (RMB/AMD).

United States District Court, D. New Jersey.

June 29, 2012.

B. David Jarashow, Law Offices of B. David Jarashow, PA, Freehold, NJ, for Plaintiff.

Joseph M. Micheletti, Office of the NJ Attorney General, Trenton, NJ, for Defendant.

MEMORANDUM OPINION AND ORDER

ANN MARIE DONIO, United States Magistrate Judge.

THIS MATTER comes before the Court by way of motion [Doc. No. 58] for summary judgment filed by Defendants Gandy, Saduk, and Roman, (hereinafter referred to collectively as “Defendant Officers”), and Defendants George W. Hayman, Commissioner, N.J. Department of Corrections, Thomas Sullivan, Administrator Bayside State Prison, and Karen Balicki, Administrator. Plaintiff's complaint arises out of an alleged July 9, 2007 incident at Bayside State Prison (hereinafter referred to as “BSP”) (Pl.'s Compl. [Doc. No. 1] ¶ ¶ 4, 5). Plaintiff alleges that Defendant Officers Gandy and Saduk assaulted Plaintiff while Plaintiff was in custody at BSP. Plaintiff alleges that Defendant Officer Roman and SCO John Doe conspired to assault Plaintiff and that Defendant Nurse Jane Doe failed to provide Plaintiff proper medical treatment. ( Id. ¶ 5.) Plaintiff also alleges that Defendants Balicki, Sullivan, and Hayman failed to adequately train and supervise the officers and prison staff under their control, that this failure to train and supervise resulted in the assault, and that these Defendants were deliberately indifferent to his medical needs following the alleged assault. (Pl.'s Am. Compl. [Doc. No. 17] ¶ ¶ 2, 5.) Plaintiff brings claims under 42 U.S.C. § 1983 for violations of his Eighth Amendment right against cruel and unusual punishment. Plaintiff additionally alleges violations of the New Jersey constitutional provision against cruel and unusual punishment. ( Id. ¶ 2.)

Defendants have moved for summary judgment [Doc. No. 58] pursuant to Federal Rule of Civil Procedure 56 on a number of grounds. Defendants assert that: (1) Plaintiff's amended complaint against Defendants Balicki, Sullivan, and Hayman is barred by the statute of limitations; (2) Plaintiff's claims are barred because of Plaintiff's failure to exhaust his administrative remedies; (3) Plaintiff's claims against Defendants Balicki, Sullivan, and Hayman must be dismissed because they are solely based on an impermissible theory of respondeat superior; (4) Defendants are entitled to dismissal of Plaintiff's official capacity claims because such claims are barred by the Eleventh Amendment, and because Defendants in their official capacities are not persons amenable to suit under 42 U.S.C. § 1983; (5) Defendants are entitled to summary judgment as to Plaintiff's Eighth Amendment claim that he was assaulted on July 9, 2007 because he was found guilty of assault through prison disciplinary proceedings; (6) Defendants are entitled to qualified immunity; and (7) Defendants are entitled to summary judgment with regard to Plaintiff's claims for punitive damages.

This Court has subject matter jurisdiction over the federal law claims under 28 U.S.C. §§ 1331 and 1343. The claims arising under the New Jersey constitutional provisions against cruel and unusual punishment are related to the federal claims and form part of the same case or controversy; therefore, the Court has supplemental jurisdiction over those claims. 28 U.S.C. § 1367. The parties consented to this Court's jurisdiction pursuant to 28 U.S.C. § 636(c)(1), Fed. R. Civ. P. 73(b), and Rule 73.1 of the Local Civil Rules for the United States District Court, District of New Jersey.

Plaintiff named the Defendant Officers Gandy, Saduk, and Roman, as well as Defendant SCO John Doe and Defendant Nurse Jane Doe, in his initial complaint, and alleged that Defendant Officers Gandy and Saduk assaulted him while in the custody of BSP, that Defendant Officer Roman and SCO John Doe conspired to assault Plaintiff, and that Defendant Nurse Jane Doe failed to provide proper medical treatment. (Pl.'s Compl. 5, 7–8.) Specifically, Plaintiff asserts that on July 8, 2007, Defendant Officer Gandy took a television away from Plaintiff as punishment for not returning his food tray in a timely fashion. ( Id. at 7.) Plaintiff further asserts that on July 9, 2007, Plaintiff questioned Defendant Officer Gandy about the return of his television, and Defendant Officer Gandy dismissed Plaintiff's inquiry. ( Id.) Plaintiff alleges that on or about 7:30 p.m. that night, Plaintiff was called out of his cell to the courtyard stairs of the F Unit at BSP by Defendant Officer Gandy. ( Id.) Plaintiff asserts that he witnessed Defendant Officer Gandy throw the television down the stairs, and that when Plaintiff requested to speak to the supervising sergeant, he was denied permission by Defendant Officers Gandy and Saduk. ( Id.) Plaintiff alleges that, at the time Plaintiff made this request, Defendant Officers Gandy and Saduk put on gloves, made racial comments, and threatened Plaintiff. ( Id.) At this point, Plaintiff alleges he fled the area and attempted to hide under the day room staircase. ( Id.) Plaintiff further alleges that he was then attacked by Defendant Officers Gandy and Saduk, who struck him in the head, face, and body, while Plaintiff screamed for help. ( Id.) Plaintiff asserts that the alleged assault was witnessed by Defendant Officer Roman and another John Doe officer, and that those witnessing officers did not attempt to intervene. ( Id. at 7–8). Plaintiff asserts that he was then transported to the medical unit where Defendant Nurse Jane Doe allegedly refused to treat his medical injuries. ( Id. at 8.) Plaintiff then claims that at or around 10:00 p.m. on July 9, 2007, Plaintiff was transported to South Woods State Prison (hereinafter, “SWSP”), where a nurse observed his injuries but allegedly denied him medical treatment. ( Id.) Plaintiff was then placed in lockup at SWSP. ( Id.) Plaintiff asserts that on the morning of July 10, 2007, Plaintiff was found unconscious on the floor of his cell, an ambulance was summoned, and he was transferred to South Jersey Regional Medical Center. ( Id.) There, Plaintiff asserts he was examined by Dr. Curt W. Cackovic, and was diagnosed with trauma of the head, vision change, and bruises to the face. ( Id.)

Plaintiff asserts that Defendant Officers Gandy and Saduk subsequently filed disciplinary charges against Plaintiff, which resulted in a sentence of 830 days in solitary confinement. ( Id.) Plaintiff avers that “[a]ll remedies and grievances have been forward[ed] to the Administration and the Department of Correction[s],” and that no response was received. ( Id.)

Plaintiff filed his amended complaint on January 25, 2010 and added claims against Defendants George W. Hayman, Commissioner, N.J. Department of Corrections, Thomas Sullivan, Administrator at BSP, and Karen Balicki, Administrator for failure to adequately train and supervise those under their control.

The following facts are not in dispute: ¹

1. On July 9, 2007, Defendants Gandy and Saduk conducted a count of the inmates on their assigned housing unit at Bayside State Prison. [citation omitted]

2. Defendant Saduk called in an incorrect count for the number of inmates on his housing unit. [citation omitted]

...

11. The struggle between Defendant Gandy and Plaintiff continued under a stairwell. [citation omitted]

...

22. [Registered Nurse Gottwald] also noted that Plaintiff had swelling to his right upper cheek and around the outside corner of his right eye, an abrasion to his right forehead, abrasions to all four knuckles of his right hand, redness to his right and left shoulders, swelling on his right eyelid and a scratch under his left eye. [citation omitted]

...

25. On July 9, 2007, Plaintiff was issued a disciplinary charge for *.002, assaulting any person, *.306, conduct which disrupts or interferes with the security or orderly running of the correctional facility, and .502, interfering with the taking of count. [citation omitted]

26. After a disciplinary hearing, Plaintiff was found guilty of all three charges. [citation omitted]

27. The guilty finding was upheld on administrative appeal. [citation omitted]

28. Plaintiff did not appeal that final administrative decision to the court and those charges remain on Plaintiff's prison disciplinary record. [citation omitted]

29. On July 9, 2007, Plaintiff reported to Special Investigations Division (“SID”) Senior Investigator Carol Steward that Defendants Gandy and Saduk assaulted him and he attempted to hid[e] under the stairwell. [citation omitted]

...

31. Plaintiff provided a written statement regarding the alleged assault to Investigator Steward. [citation omitted]

32. In his written statement, Plaintiff alleged he was assaulted by Defendants Gandy and Saduk, and that Officer McAllurenta was present during the assault. [citation omitted]

33. Plaintiff [ ] did not include in his written statement that Defendant Roman was also involved in the alleged July 9, 2007 assault. [citation omitted]

...

39. Defendants Gandy, Saduk and Roman all testified that Defendant Roman had no involvement in the July 9, 2007 incident with Plaintiff. [citation omitted]

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41. Plaintiff was unable to pick Defendant Roman out of a photo array. [citation omitted]

42. Plaintiff was moved to South Woods State Prison (“SWSP”) on July 9, 2007. [citation omitted]

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44. SWSP and EJSP both provided a grievance procedure to inmates in their institutions and that grievance procedure was set forth in the Inmate Handbooks of each institution. [citation omitted]

45. In 2007, the SWSP procedure for filing grievances was available to all inmates through the Inmate Handbook. [citation omitted]

46. The grievance procedure is a mechanism designed to provide a direct and confidential route for inmates to make the Administration aware of any problems and concerns and to allow the Administration...