Miller v. Annucci

• Decision Date: 26 September 2019
• Docket Number: No. 17-CV-4698 (KMK),17-CV-4698 (KMK)
• Parties: DANIEL MILLER; and MARY MILLER, Plaintiffs, v. ANTHONY ANNUCCI, et al., Defendants.
• Court: U.S. District Court — Southern District of New York

DANIEL MILLER; and MARY MILLER, Plaintiffs, v. ANTHONY ANNUCCI, et al., Defendants.

No. 17-CV-4698 (KMK)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

September 26, 2019

OPINION & ORDER

Appearances:

Daniel Miller

Albion, NY

Pro Se Plaintiff

Julinda A. Dawkins, Esq.

New York State Office of the Attorney General

New York, NY

Counsel for Defendants

KENNETH M. KARAS, United States District Judge:

Daniel Miller ("Plaintiff") currently incarcerated at Orleans Correctional Facility ("Orleans"), and his mother Mary Miller ("Ms. Miller"), bring this pro se Action, pursuant to 42 U.S.C. § 1983 and § 1985; the Prison Rape Elimination Act ("PREA"); and the New York State Constitution, against numerous officials at Franklin Correctional Facility ("Franklin") and Green Haven Correctional Facility ("Green Haven").¹ (See Second Am. Compl. ("SAC") 1-2 (Dkt. No.166).) Before the Court is a Motion To Dismiss pursuant to Federal Rules of Civil Procedure 12(b)(1), 12(b)(3), and 12(b)(6); 28 U.S.C. § 1404(a); and 42 U.S.C § 1997e(a) filed by Annucci, Effman, Griffin, Collado, Bentivegna, Lewis, Brown, Funk, Howard, Nunez, Meskunas, Jarvis, Bonnacci, Brock, Pollen, Maher, Johannesman, Guttwein, Castine, Ball, Ouida, Quimby, Reynolds, Rookwood, Sauther, Foster, and Compo (collectively, "Moving Defendants"). (See Not. of Mot. To Dismiss; Decl. of Sofya Uvaydov in Supp. of Mot. To Dismiss ("Uvaydov Decl."); Defs.' Mem. in Supp. of Mot. To Dismiss ("Defs.' Mem. re Mot. To Dismiss") (Dkt. Nos. 210, 211, 212).)² Also before the Court is Plaintiff's Motion for Sanctions in connection with nonparty declarations filed by Moving Defendants' counsel. (See Mot. for Sanctions (Dkt. No. 237).)

For the reasons stated herein, the Motion for Sanctions is denied, the Motion To Dismiss is granted in part, and the Court orders the Parties to conduct limited discovery on the question of administrative exhaustion.

I. Background

A. Factual Background

The following facts are drawn from the Second Amended Complaint ("SAC") and are taken as true for the purpose of resolving the instant Motion.

Plaintiff initially provides some "background information" on transfers to various New York Department of Corrections and Community Supervision ("DOCCS") facilities as an inmate from 2015 to 2017. (SAC ¶¶ 46-60.) He alleges the transfers occurred in "retaliation" for the many grievances he has filed over the years. (Id.) For this particular Action, Plaintiff goes on to describe certain incidents that occurred at Franklin, Upstate Correctional Facility ("Upstate"), and Green Haven, which are summarized below.

1. Franklin Claims

Plaintiff alleges that on May 11, 2017, at 10:00 a.m., he was called to the facility package room. (Id. ¶ 61.) When he arrived, Foster and Reynolds made Plaintiff wheel his wheelchair to the package room and were allegedly furious at Plaintiff for filing grievances about the facility. (Id. ¶¶ 61-62.) Foster allegedly threatened Plaintiff, stating that he "was planning on opening the handicapped telephones for everyone to use," but that if Plaintiff kept filing grievances, he would "put out a memo stating that [Plaintiff is] the reason" the handicapped telephones would not be open "for everyone to use," suggesting that the other inmates would then be angry with Plaintiff. (Id. ¶ 62.) Reynolds also threatened Plaintiff. (Id. ¶ 63.)

Plaintiff also alleges that on May 12, 2017, at around 8:30 a.m., Jarvis entered the G-2 laundry room, saw Plaintiff, and made a comment about Plaintiff being a "child molester who likes to write grievances." (Id. ¶ 66.) At 8:45 a.m., Plaintiff allegedly overheard Jarvis stating that he, along with Meskunas, Griffin, Foster, and Reynolds, were "going to get rid of [Plaintiff] very soon" because Plaintiff was filing grievances about the broken toilets and showers. (Id. ¶ 67.)

After completing a phone call at the "main school" around 11:00 a.m., (id. ¶ 70), Plaintiff alleges that Compo and Lewis took him to the back of the school building and informed Plaintiffthat Lewis was investigating allegations of sexual assault against another inmate, (id. ¶¶ 78-80). Lewis allegedly told Plaintiff that, over the course of the investigation, he had actually discovered evidence that Plaintiff had conspired with a correction officer to drug and "manipulat[e]" another inmate into sexual activity. (Id. ¶ 81.) Lewis allegedly told Plaintiff that he needed Plaintiff to help "cooperat[e] against" that correction officer. (Id. ¶ 82.) Plaintiff stated that he did not want to do so, but Lewis and Compo "became enraged" by Plaintiff's refusal and began threatening Plaintiff. (Id. ¶ 83.) Lewis allegedly stated that he, Compo, Castine, Reynolds, Foster, and Meskunas all "discussed this" and had all agreed that they wanted to "get rid" of Plaintiff because he was a "predator and child molester" and filed too many grievances and complaints. (Id.) Plaintiff alleges that Lewis stated that Plaintiff had "one chance to give [him and Compo] information" about the alleged sexual activities or else they would "beat the shit out of" Plaintiff. (Id.)

Following this verbal confrontation, Plaintiff alleges that he was physically assaulted by Castine in a medical examination room, who "violently kicked [Plaintiff's] right foot out from under him, causing him to fall to the floor." (Id. ¶¶ 87-89.) Compo then allegedly punched Plaintiff in the stomach. (Id. ¶ 90.) During this time, Plaintiff alleges that Castine was also present and that Ouida was outside and "laughing [and] jeering" at Plaintiff. (Id. ¶¶ 88, 91.)

At 1:15 p.m., Mitchell allegedly came into the examination room and punched Plaintiff "in the testicles" and threatened him, saying Plaintiff's grievances "won't go anywhere." (Id. ¶ 92.)

Following the alleged assault, Plaintiff was examined by a doctor and taken to the Franklin emergency room. (Id. ¶¶ 96-99.) Plaintiff alleges that Compo, Chilton, and Ouida were present when Brown entered the room with a camera. (Id. ¶ 99.) Chilton, a nurse, was"making notes in a chart" and asked Plaintiff questions. (Id.) Brown then ordered Plaintiff to stand and disrobe to his underwear, and Brown began to take pictures. (Id. ¶ 100.) Brown then allegedly ordered Plaintiff to "drop [his] drawers," but Plaintiff objected on "religious grounds" because there were women present. (Id. ¶ 101.) Plaintiff was eventually forced to oblige and alleges that Brown subsequently made inappropriate comments about Plaintiff's body and used the word "fag" to refer to Plaintiff. (Id. ¶¶ 102-05.)

Afterwards, Plaintiff sat back into his wheelchair and was wheeled over to an examination table "to use for leverage while [Plaintiff] got dressed." (Id. ¶ 108.) Plaintiff alleges that while he was leaning over the table and attempting to lift himself up to get dressed, either Ouida or Compo shoved a "hard object . . . into [Plaintiff's] rectum" while Compo said, "What? Don't you queers like it in the ass?" (Id. ¶¶ 110-11.) Following the assault, Compo and Ouida allegedly warned Plaintiff not to tell anyone about it "if he knew what was good for him." (Id. ¶ 112.) Ellingsworth also allegedly threatened Miller not to say anything. (Id. ¶ 116.)

Plaintiff subsequently began experiencing chest pain and was taken to Albany Medical Center, an outside hospital. (Id. ¶¶ 113, 119.) Upon discharge, Plaintiff alleges that he was taken to Upstate, where a nonparty correction officer allegedly informed Plaintiff that Quimby, Sauther, Meskunas, Foster, Reynolds, Compo, Castine, Brown, Lewis, and Jarvis had all "been involved in the decision making process to concoct a scheme to get [Plaintiff] moved out of" Franklin. (Id. ¶ 123.) Further, Plaintiff was informed of a misbehavior report allegedly filed by Castine regarding events at Franklin, alleging that, on May 12, 2017, at 3:30 p.m., Plaintiff was "out of place" when he was in the laundry room at G-2 and that on May 11, 2017, at 3:00 a.m., he engaged in "a sexual act" and had "physical contact" with another inmate. (Id. ¶¶ 126-29.)

2. Green Haven Claims

On May 18, 2017, Plaintiff was transferred to Green Haven. (Id. ¶ 133.) Plaintiff alleges that it was an "extremely hot, humid day" and that during transfer, Plaintiff began experiencing heat exhaustion. (Id. ¶ 134.) Plaintiff was taken to Albany Medical Center for treatment. (Id. ¶ 135.) Later that day, Plaintiff arrived at Green Haven and was taken to the infirmary, where he was placed in a "suicide watch room." (Id. ¶ 137.)

At Green Haven, on May 19, 2017, Plaintiff attempted to file a report about the sexual assault he experienced at Franklin and was allegedly told by Pollen and Johannesman that they "would not take any report." (Id. ¶ 139.) He was then transferred to the "Psychiatric Services Unit," where Plaintiff told a different sergeant "what was going on." (Id. ¶ 140.) This unnamed sergeant allegedly "took notes[] and said she would ask her supervisor, the Watch Commander, a Lieutenant, what she should do." (Id.) Plaintiff alleges that he did not hear from her again. (Id. ¶ 141.) Plaintiff returned to the infirmary after experiencing more chest pains on May 22, 2017. (Id. ¶¶ 142-43.)

Plaintiff alleges that on May 22, 2017, Howard arrived at the infirmary and "gave him a list of employee assistants" to select an assistant for Plaintiff's upcoming disciplinary hearing. (Id. ¶ 144.) Plaintiff chose three names "at random," and Howard returned, stating that he would be the assistant. (Id. ¶¶ 144-45.) Plaintiff alleges that he requested that Howard obtain a copy of the misbehavior report, a copy of Plaintiff's medical records, copies of the Franklin G-2 Log Book for the relevant days, and interview several witnesses, but Howard allegedly "never got back to" Plaintiff. (Id. ¶ 146.) Howard also allegedly told Plaintiff that he would not "get[] involved with details" and was only willing to provide "cases, directives[,] or books." (Id. ¶ 148.)

Plaintiff's disciplinary hearing occurred on June 1,...