Jones v. Bishop

• Decision Date: 23 October 1997
• Docket Number: No. 91 Civ. 3836(JES).,91 Civ. 3836(JES).
• Citation: 981 F.Supp. 290
• Parties: Robert JONES, Plaintiff, v. Correction Officers J. BISHOP and R. Hartung and Sing Sing Department of Correction, Defendants.
• Court: U.S. District Court — Southern District of New York

981 F.Supp. 290

Robert JONES, Plaintiff, v. Correction Officers J. BISHOP and R. Hartung and Sing Sing Department of Correction, Defendants.

No. 91 Civ. 3836(JES).

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

October 23, 1997.

Robert Jones, Comstock, NY, pro se.

Dennis C. Vacco, Attorney General of the State of New York, New York City (Carol Schechter, Assistant Attorney General, of counsel), for Defendants.

SPRIZZO, District Judge.

Pursuant to 42 U.S.C. § 1983 (1996), plaintiff Robert Jones, proceeding pro se, filed the instant action against Correction Officers John Bishop ("Bishop") and Robert Hartung ("Hartung"), and Sing Sing Department of Correction ("Sing Sing"). Defendants Bishop and Hartung move for summary judgment pursuant to Federal Rule of Civil Procedure 56(c). For the reasons that follow, defendants' motion is granted and the claims against Sing Sing, which is immune from suit under the Eleventh Amendment, are dismissed sua sponte.

BACKGROUND

Plaintiff Robert Jones is a New York State prison inmate who was incarcerated at Sing Sing Correctional Facility at all times relevant herein. See Complaint ("Compl.") ¶ 1; Deposition of Robert Jones ("Jones Dep.") dated April 8, 1992, at 132.¹ Correction Officer Bishop was the Claims Officer and Correction Officer Hartung was the Officer-in-Charge of the Special Housing Unit ("SHU") at Sing Sing. See Affidavit of John Bishop ("Bishop Aff.") Sworn to September 16, 1992, ¶ 1; Affidavit of Robert Hartung ("Hartung Aff.") Sworn to November 23, 1992, ¶ 1.

On January 27, 1991, plaintiff was allegedly stabbed by another inmate, Eric Baez, during a "riot." See Compl. ¶ IV; Jones Aff. ¶ 1. Rather than report his injuries or request medical treatment, plaintiff returned to his cell that evening. See Jones Dep. at 23-24. The next day, plaintiff was observed swinging a sharp metal object at Baez, apparently intending to stab him. See Affidavit of Carol Schechter Sworn to October 27, 1992 ("Schechter Aff."), Exh. 1, Inmate Misbehavior Report. After a chase, plaintiff was apprehended and frisked by a Correction Officer who discovered a nine-inch shank in plaintiff's pants' pocket. Id. Immediately thereafter, plaintiff was taken to the hospital for an "assessment" of his stab wounds from the prior evening. Id.²

Plaintiff was served with a Misbehavior Report for violating the following rules: 109.10 (being out of place); 118.23 (failing to report injury): 100.13 (engaging in fighting); 100.15 (engaging in disorderly conduct); and 113.10 (making or possessing a weapon). See Defendants' Statement Pursuant to Local Rule 3(g) ("Defts' Rule 3(g) Stmt.") ¶ 2.

In accordance with applicable rules and regulations, plaintiff was placed in a hospital room pending a hearing on those charges, and the property in his cell was packed and itemized. See Defts' Rule 3(g) Stmt. ¶ 4. Plaintiff alleges that while he was being taken to the hospital, Correction Officers failed to lock his cell. As a result, plaintiff claims that his cell was burglarized and that stolen property was placed in it by inmates attempting to implicate him. See Affidavit of Robert Jones sworn to May 21, 1992 ("Jones Aff.") ¶ 4; Jones Dep. at 170.

On January 29, 1991, Bishop confiscated all articles of plaintiff's property, except legal papers and state-issued clothing, to conduct an investigation into the ownership of each item. See Defts' Rule 3(g) Stmt. 1 6; Jones Aff. ¶ 6; Bishop Aff. ¶ 10. Bishop asserts that plaintiff had not received certain property in any of the proper methods, i.e., he had not possessed the property at the time of his transfer to Sing Sing, had not purchased it from the commissary, had neither received it by mail nor upon delivery from a visitor, and had not received the authorization that is required for inmates to receive property from other inmates. See Bishop Aff. ¶¶ 7-9. Bishop further states that the aforementioned property was reported as stolen by other inmates at the prison. Id. ¶ 11.

On January 29, 1991, Bishop filed a Misbehavior Report against plaintiff charging him with violating the following rules: 113.15 (accepting property from another inmate without authorization), 116.13 (stealing property or possessing stolen property), and 120.20 (gambling). See Defts' Rule 3(g) Stmt. ¶ 7; Bishop Aff. ¶¶ 13-14, Exh. 2.

On February 1, 1991, a Tier III disciplinary hearing was held, at which plaintiff was acquitted of violating Rule 109.10, but found guilty of violating all other counts, including the charges filed by Bishop. See Defts' Rule 3(g) Stmt. ¶ 3. Plaintiff was sentenced to 455 days in SHU, 451 days loss of packages, commissary and telephone usage, and 18 months loss of good time. Id. Shortly thereafter, he was escorted from the hearing to a cell in SHU. See Jones Aff. ¶ 8.

On February 2, 1991, plaintiff requested that his remaining property from the hospital be returned to him at SHU, but was allegedly told by defendant Hartung that his cell had been robbed of everything. See Jones Aff. ¶ 10. Presumably Hartung misunderstood plaintiff's request. On February 4, 1991, an unnamed Correction Officer returned plaintiff's watch and "Walkman" tape-player which had been confiscated from another inmate. See Jones Aff. ¶ 17.

In mid-February, plaintiff complained in a letter to Superintendent John P. Keane that defendant Bishop was depriving him of his property. See Compl. ¶ IV; Bishop Aff., ¶ 16. In response, Bishop interviewed plaintiff who explained that although his commissary and package privileges had been suspended since August 5, 1990, plaintiff had arranged a scheme whereby he sent money to another inmate to purchase items for him. See Bishop Aff. ¶ 17.

On March 6, 1991, plaintiff filed a grievance complaint claiming that Bishop had confiscated some of his property, that he was missing legal documents, that he was not receiving law library books in a timely manner, and that he was deprived of his hour of exercise. See Defts' Rule 3(g) Stmt. ¶ 13. On May 17, 1991, Superintendent Keane denied plaintiff's grievance, noting that plaintiff stated that his problem with the law books had been resolved, and that SHU Sergeant Cecil O'Neil stated that plaintiff had a habit of delaying the return of law books, thereby denying him issuance of additional books. Id. ¶ 14.

On May 21, 1991, plaintiff filed the instant action reciting the events described above. In his complaint, plaintiff states, (1) that he was seriously stabbed in the back of his head, neck and back, which required stitching, but that no stitches were given; (2) that at some point he should have been x-rayed for internal bleeding since he began to wake up mornings with blood stains on his underwear around his genital area; (3) that officers neglected to secure his cell, allowing it to be tampered with; (4) that officers failed to return certain property to plaintiff; (5) that plaintiff had to endure days in SHU with just the clothes on his back and a very thin blanket in a cell which faced windows that were left open at night in February; (6) that defendants inflicted intentional emotional harm on plaintiff; (7) that defendants seized plaintiff's indictment papers; (8) that Hartung called plaintiff a "super-rape-po" and a "tree jumper;" (9) that Hartung interfered with plaintiff's law library privileges by picking up law books from his cell and deliberately misplacing them for very long periods of time; (10) that Hartung toyed with plaintiff's one hour recreational privilege; and (11) that plaintiff was denied due process because he was never served with a written notice of confiscation of his personal property from the possession of another inmate.

On April 8, 1992, defendants deposed plaintiff, who testified that during his confinement in SHU, he suffered from the cold for approximately two weeks during February, presumably until he received his personal effects from the hospital. See Jones Dep. at 146-47. According to plaintiff, the windows outside his cell were left open by Correction Officers, and he had only a short sleeve shirt and a thin blanket to keep warm. Id. Plaintiff testified that the other inmates in SHU were not affected because they had all of their personal effects, allowing them to put on long-johns, or sweats. Id. Plaintiff did not ask for additional blankets from Hartung, and testified that the only damage he suffered was depression. Id.

Plaintiff further testified that he believes he was singled out because he allegedly violated an inmate that Bishop new, and that Bishop and Hartung were buddies. See Jones Dep. at 144. Plaintiff surmised that Hartung had seen, or knew of the contents of his indictment for sodomy, since he had called him a "super-rape-po." Id. Plaintiff further testified that he does not seek the return of missing portions of his indictment, has not needed them, and could possibly have obtained a new copy of the document. Id. at 142. In addition, plaintiff testified that Hartung interfered with his law library privileges by picking up books from him which he did not immediately return to the library staff. Id. at 157. Consequently, plaintiff was delayed access to new books, which he alleges impeded his ability to review cases for his criminal appeal due approximately one year later. Id. at 163.³

Plaintiff testified that he is not seeking any relief based on injuries sustained from the alleged stabbing. See Jones Dep. at 29. Nor is he challenging the fairness of his disciplinary hearing, or asserting denial of due process with respect to his personal property. Id. at 109-11. The Court therefore deems those claims discontinued without prejudice.⁴

DISCUSSION

Pursuant to Federal Rule of Civil Procedure 56(c), summary judgment in favor of the moving party is appropriate "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving...