Little v. Soulia
| Docket Number | 9:19-CV-0263 (TJM/TWD) |
| Decision Date | 16 June 2021 |
| Parties | CHARLES LITTLE also known as Clifton Little, also known as Clifton X, Plaintiff, v. TREVAR A. SOULIA, et al., Defendants. |
| Court | U.S. District Court — Northern District of New York |
Assistant Attorney General
Attorney for Defendants
ORDER AND REPORT-RECOMMENDATION
This matter was referred for a Report and Recommendation by the Honorable Thomas J. McAvoy, Senior United States District Judge, pursuant to 28 U.S.C. § 636(b) and N.D.N.Y. L.R. 72.3©). Pro se Plaintiff Charles Little ("Plaintiff" or "Little"), an inmate in the custody of the New York State Department of Corrections and Community Supervision ("DOCCS"), commenced this action pursuant to 42 U.S.C. § 1983 alleging violations of his constitutional rights at Clinton Correctional Facility ("Clinton C.F.") in 2017 and 2018. (Dkt. No. 53.)
Defendants and claims remaining are: (1) First Amendment free exercise claims against Sergeant B. Mason ("Mason") and Correction Officer J. Deyo ("Deyo"); (2) First Amendment retaliation claim against Deyo; (3) Eighth Amendment excessive force and failure-to-intervene claims against Mason, Correction Officer M. French ("French"), Correction Officer Trevar A. Soulia ("Soulia"), Correction Officer E. Taft ("Taft"), and Correction Officer K. Denny ("Denny"); (4) Eighth Amendment deliberate medical indifference claims against Nurse Shawn Bleau ("Bleau"), Mason, French, Soulia, Taft, and Denny; and (5) Fourteenth Amendment equal protection claims against Mason, French, Soulia, Taft, and Denny. (Dkt. Nos. 53, 55.)
Defendants now move for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure seeking dismissal of the complaint in its entirety. (Dkt. No. 66.) Plaintiff filed a response. (Dkt. No. 76.) Defendants filed a reply. (Dkt. No. 79.)
For reasons explained below, the Court recommends that Defendants' motion for summary judgment be granted in part and denied in part.
Plaintiff claims to be registered as a Muslim with DOCCS and an active member/citizen of the Nation of Islam ("N.O.I."). (Dkt. No. 53 at ¶ 3.) Plaintiff's religious beliefs mandate that he perform Salat - the act of praying five or more times a day. (Dkt. No. 66-4 at 19-20.[2]) Plaintiff alleges that on May 25, 2017, at approximately 6:45 p.m. he "got up to go to the bathroom" in his cell and saw Officer Soulia at his cell gate. (Dkt. No. 66-4 at 24, 29.) Officer Soulia told Plaintiff "to step away from the toilet [. . . ] I want to see your hands, step away from the toilet, direct order." Id. at 24-25. Prior to stepping away from the toilet, Plaintiff attempted to flush the toilet and discovered that it was not working. Id. at 25.
According to Plaintiff's version of events, he "backed up to [his] cell gates" and "was leaning" on the bars of the gate. (Dkt. No. 66-4 at 65.) Plaintiff testified that he took a "little step forward" so that the cell gates could open, felt a "little shove" and claims that Soulia "wrap[ped] his hand around [Plaintiff's] neck." Id. at 63, 65, 68. Plaintiff testified that he was "tossed" onto the bed and saw "officers coming in." Id. at 63-64, 68. Plaintiff claims that Taft, Denny, and French entered his cell and began kicking and punching him in the ribs, face, shoulders, and neck. (Dkt. No. 66-4 at 70-72, 75.) Denny and French "pushed" Taft "out of the way" causing Plaintiff's locker to "knock over" and his asthma pump to fall "towards the toilet." Id. at 80. At that time, Mason was at the front of the cell, watching the incident unfold. Id. at 71, 77.
Plaintiff testified that he momentarily lost consciousness and when he awoke, he was handcuffed by Taft who "grabbed [him] by the handcuffs and lifted [him] off the ground." (Dkt. No. 66-4 at 73, 78). Taft was "bending" Plaintiff's wrist. Id. at 79. Mason then "pulled out the blue gloves," "put[] his hand around [Plaintiff's] throat and start[ed] choking the life out of [Plaintiff]." Id. When Mason released his "chokehold", he picked up Plaintiff's asthma pump and threw it in the toilet. Id. at 80-81. When Mason attempted to flush the toilet, Plaintiff overheard French tell Mason that the toilet did not work. (Dkt. No. 66-4 at 81.) Mason responded, "oh yeah, I forgot we did that." Id. at 81. Mason picked up the asthma pump, removed the canister, "blew" into the canister, returned it to the case, and said, "hope this works bud[.]" Id.
The Use of Force Report prepared in connection with the incident, submitted by Defendants, states that Plaintiff was compliant with directions to stand up and back up to the cell door. (Dkt. No. 66-5 at 1.) Officer Soulia reported that, "as the cell door opened, I witnessed inmate Little run to the back of his cell toward his toilet." Id. Soulia described entering the cell and "grabbing" Plaintiff by "the sweatshirt with both hands" preventing him from throwing an "unknown item" into the toilet. Id. at 2. Soulia "used both of [his] arms" to "bear hug" and force Plaintiff, face first, onto his bed. Id. Soulia reported that Plaintiff was compliant with directives to place his hands behind his back thereby "ending the use of force." (Dkt. No. 66-5 at 2.)
Plaintiff was escorted "to the back of D-Block" by Taft, Soulia, Mason, and French. (Dkt. No. 66-4 at 82, 84.) Plaintiff testified that he repeatedly asked for his asthma pump and Defendants responded with racial slurs. Id. at 85. Eventually, Soulia gave Plaintiff the pump and when Plaintiff attempted to use it, the medicine was "not being administered correctly." Id. at 83. Soulia took the pump and sprayed the medication into Plaintiff's face. Id.
While the officers escorted Plaintiff to medical, Mason told Plaintiff what to report to medical. (Dkt. No. 66-4 at 91.) Mason warned, "[y]ou're not going to mention anything else." Id. at 94. Plaintiff did not receive any medical treatment, and was escorted back to his cell. Id. at 105; (Dkt. No. 66-6 at 1.)
An Inmate Injury Report, prepared by the attending nurse, indicates "UOF" as the cause of the inmate's injury. (Dkt. No. 66-6 at 1.) According to the report, Plaintiff stated, "[m]y asthma was bothering me and I took my pump a couple of times." Id. Mason signed the report as the witnessing and reporting employee. Id.
On May 26, 2017, Plaintiff requested emergency sick call for chest pains, bruises to his back, neck, and ribs, swollen eyes, dizziness, and shortness of breath. (Dkt. No. 66-4 at 39, 105-106.) Plaintiff was escorted to medical and underwent a visual and physical examination by a nurse.[3] Id. at 106, 110-112, 117. The nurse used a stethoscope, asked Plaintiff to take deep breaths, made notations in Plaintiff's medical chart, and discussed Plaintiff's asthma and the use of his inhaler. Id. at 109-113. The nurse also examined Plaintiff's range of motion in his wrists and fingers and used a "thumb tack" to check for numbness. Id. at 110-114. The nurse directed Plaintiff to go to sick call if he experienced complications. (Dkt. No. 66-4 at 114.) Plaintiff was discharged from the infirmary with "twelve Ibuprofens[.]" Id. at 44, 114.
From May 26, 2017, through May 28, 2017, Plaintiff remained in his cell. (Dkt. No. 66-4 at 45-46.) During this time, Plaintiff was unable to "make Salat." Id. at 136-137. On May 28, 2017, at approximately 12:00 p.m., the water in Plaintiff's cell was operating correctly. Id. at 32.
On April 5, 2018, the Office of the Inmate Grievance Program Supervisor received correspondence from Plaintiff with a grievance dated May 29, 2017. (Dkt. No. 66-13 at ¶ 25.) In the grievance, Plaintiff reported a "use of force" incident on May 25, 2017, involving Taft, Mason, "and three other John Doe C.O.s" and claimed that Mason was responsible for shutting off the water to his cell. (Dkt. No. 66-20 at 3.) The grievance was rejected as untimely. (Dkt. No. 66-13 at ¶¶ 25-26.)
On April 12, 2018, Plaintiff asked to be placed on a "list" for Nation of Islam services. (Dkt. No. 66-4 at 149; Dkt. No. 66-17 at 1.) Plaintiff went to breakfast and, when he returned, "they announced N.O.I." (Dkt. No. 66-4 at 149.) Plaintiff however, was not called and missed one service. Id. at 149, 152. At lunch time, Plaintiff asked Deyo, "how come I wasn't let out." Id. Plaintiff testified that Deyo responded, "I know about your little grievance with Taft" and "I don't like you black Muslims[.]" Id.
A court "shall grant summary judgment if the movant shows 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); see Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 251-52 (1986). The party moving for summary judgment bears the initial burden of showing, through the production of admissible evidence, that no genuine issue of material fact exists. Salahuddin v. Goord, 467 F.3d 263, 272-73 (2d Cir. 2006). The movant may meet this burden by showing that the nonmoving party has "fail[ed] to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial." Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986).
If the moving party satisfies its burden, the nonmoving party must move forward with specific facts showing that there is a genuine issue for trial. Salahuddin, 467 F.3d at 273. In that context, the nonmoving party must do more than "simply show that there is some metaphysical doubt as to the material facts." Matsushita Electric Industrial Co., Ltd. v. Zenith Radio Corp. 475 U.S. 574, 586 (1986). "Conclusory allegations,...
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