Morales v. Saba
| Decision Date | 12 February 2016 |
| Docket Number | CIVIL ACTION NO. 15-13887-RGS,CIVIL ACTION NO. 15-10732-RGS |
| Parties | MIGUEL A. MORALES v. SUPERINTENDENT JAMES SABA, et al. MIGUEL ANGEL MORALES, JR. v. CAROL HIGGINS O'BRIEN, et al. |
| Court | U.S. District Court — District of Massachusetts |
STEARNS, D.J.
For the reasons stated below, the court denies as moot the motion to proceed in forma pauperis pending in 15-13887; grants the defendants' motion to dismiss the fourth amended complaint filed in 15-10732; and sua sponte dismisses (1) the claims against the five new defendants identified in the FAC in 15-10732 and (2) the three defendants identified in the complaint filed in 15-13887.
On March 6, 2015, Miguel A. Morales, a pro se plaintiff now incarcerated at the Souza Baranoskwi Correctional Center, filed a civil rights complaint against seven state correctional officials (defendants James Saba, Elena Clodius, Harold Wilkes, Kurt Demoura, Jessica Creighton, Marc McGlynn and David Moore) complaining of, among other things, due process violations during disciplinary proceedings. The case was randomly assigned to Magistrate Judge Boal pursuant to the court's consent program. Less than one month later, Morales filed an Amended Complaint adding an eighth defendant, Rebecca Donahue.
By Memorandum and Order dated June 16, 2015, Morales was permitted to proceed in forma pauperis, was assessed an initial filing fee payment. His motion to add exhibits and for automatic judgment were denied and summons were issued for service of the amended complaint. The defendants consented to magistrate judge jurisdiction and moved to dismiss the complaint for failure to state a claim.
Morales' motion for default and to amend were opposed by defendants. Although Morales initially consented to proceed before a Magistrate Judgeon August 5, 2015, less than three months later, on October 26, 2015, he filed a conflicting form indicating that he did not wish to proceed before a Magistrate Judge. The following month, on November 3, 2015, Morales filed a motion seeking to amend the complaint to add Magistrate Judge Boal as a defendant in the case.
By Electronic Order dated November 10, 2015, Magistrate Judge Boal recused herself and the case was reassigned to the undersigned District Judge. On November 12, 2015, Morales' fourth motion to amend was allowed and the fourth amended complaint ("fourth amended complaint" or "FAC"), dated October 30, 2015, was deemed the operative complaint.
On November 24, 2015, Morales filed a Motion for Joinder seeking to add the new defendants named in the fourth amended complaint and to have the clerk issue summons for service of process. By Electronic Order dated January 13, 2016, Morales' Motion for Joinder was allowed to the extent that the parties were named in the FAC. The new parties named in the FAC are (1) Nancy White, DOC General Counsel; (2) Carol Higgins O'Brien, DOC Commissioner; (3) Nelson Julius, DOC correctional employee; (4) Yveline Simon, a mental health worker; and (5) Magistrate Judge Boal.
Now before the court are defendants' (Saba, Clodius, Wilkes, Demoura, Creighton, McGlynn, Moore and Donahue) motion to dismiss andsupporting memorandum. See Docket Nos. 71-72. In a footnote, the supporting memorandum notes that only three of the five new defendants are employed by the DOC. Those three defendants are Nancy White, Carol Higgins O'Brien, and Nelson Julius.
Also before the court are Morales' Motion to Dismiss defendants' responsive pleadings with supporting memorandum as well as Morales' Motion for Default and Automatic Judgment. See Docket Nos. 76-78.
The following facts, taken as true for purposes of the motion to dismiss and §§ 1915, 1915A screening, are alleged in the FAC and begin with Morales' placement in the Departmental Disciplinary Unit (DDU) at MCI Cedar Junction on September 8, 2014.1 See 15-10732, Docket No. 50-1, p. 2.
Morales states that he was placed in the DDU for an assault on a staff member. Id. The following day, on September 9, 2014, Morales alleges that an officer informed him that "Lapriore says: Hi!" Id. Morales explains that he had previously complained that Chris F. Lapriore had threatened him and that he assaulted this officer while acting to defend himself. Id.
Morales alleges disciplinary reports are often used by correctional staff as a pretext to "seize his property" and on September 24, 2015, a disciplinary report issued with a false charge that he covered the cell window to darken the room. Id. at 4-5.
On or about October 21, 2014, Morales alleges that he was repeatedly taunted by officers and was then transferred to D-Wing cell 285. Id. at 3. Morales alleges that he was seen by a psychiatrist and transferred to Bridgewater State hospital because the psychiatrist claimed that Morales was "talking to himself." Id. Morales alleges that on or about November 18, 2014, he was discharged from Bridgewater State Hospital and returned to the DDU, but required to speak with mental health workers. Id.
On December 17, 2014, in an effort to have the hallway camera "catch evidence that officers were actually tampering with his food," Morales struggled with Officer Daniel McGuire who was delivering a meal tray to him. Id. at 4. Morales alleges that excessive force was used against him when he was removed from his cell and placed on Awaiting Action status. Id. Morales alleges that an officer spoke to him "about being removed from his cell so that officers can seize his property as part of a practice known as DDU Awaiting Action status." Id. At that time, Morales alleges that he "pointed out that there is no reason to remove him from the cell, because he hadalready given his tray." Id. at 5. However, 30 minutes later, Morales again refused to cooperate with leaving his cell. Id. Morales "defend[ed] his property" and was 'subdued and restrained and his property was seized including his legal work." Id. Although Morales was advised that his property had been covered in urine, Morales contends that "the only spillage was coffee stains." Id.
Morales alleges that there were other conditions of his incarceration that "caused him to be assaultive" such as a three-week period in 2013 when Morales was not given a shower. Id. at 3. On December 16, 2014, the day before Morales had been removed from his cell and placed on DDU Awaiting Action status, he had complained about a full-body rash that developed after he had showered in the DDU. Id. at 4. Morales refused to shower because of the rash he received from showering. Id. at 5. Morales was seen by a doctor who explained that the rash originated from chlorine in the water at MCI Cedar Junction and Morales was instructed to take cold showers and machine wash his clothes. Id. at 6. On occasion, Morales would receive cream to treat the rash, but he suffered in pain and didn't receive enough cream to treat the rash that covered his 6' 7" body. Id.
On or about January 8, 2015, Morales was advised that there were complaints that he smelled from body odor and he would be deemed asharming himself if he would not shower. Id. at 7. Morales explained that he would shower, but not in the DDU because of the rash that developed each time he showered in the DDU. Id. At this time, defendant McGlynn and another officer "instigated" Morales and caused "[him] to respond." Id. Defendant McGlynn filed a disciplinary report that he was assaulted by the Morales. Id. Morales alleges that defendants Moore and McGlynn are responsible for destroying Morales's property and failing to advise him of the condition of his property for a whole weekend. Id. at 23.
A few days later, on or about January 10, 2015, defendants Wilkes and Clodius "attempted to show the Plaintiff a memo from the Department of Correction regarding how the water was treated by the city." Id. Morales ultimately complied with DDU procedure to be restrained by handcuffs in order to be showered. Id. at 8.
On January 14, 2015, Morales returned to his cell from the DDU and discovered that some of his property was missing and that a swastika was drawn on his cell mirror. Id. at 8. That day, Morales caused one, perhaps two, loud disruptions and subsequently agreed to be removed from his cell. Id.
Morales contends that "security status" is used for placement in the DDU as punishment and that "mental health status" is used by the mentalhealth workers for placement in the DDU for suicidal prisoners as well as "punishment for arrogance." Id. at 8. Morales explains that between January 8 and January 14, 2015, he was placed on mental health status and placed on suicide watch for refusing to shower. Id. at 10. During that time, he was placed on security status after becoming disruptive when two officers damages Morales's property and left a swastika on his cell mirror. Id. Morales alleges that he was treated as if he was suicidal when placed on security status from January 17, 2015 through January 27, 2015. Id. at 9-10. Morales complains that for ten days he "was denied writing material, access to his legal work, a pen to file a grievance, utensils for food and the ability to sleep for more than an hour at a time [because the light was always on]." Id. at 10.
While on security status from January 17, 2015 through January 27, 2015, Morales alleges that he received legal mail from his attorney. Id. at 11. The letter from counsel explained that a brief was due and that Morales could either attend a video conference pro se or have his attorney proceed. Id. Morales explains that a year earlier, in December 2014, he had challenged appellee's brief on several grounds. Id. Morales states that he wanted to avoid the video conference and that the attorney did not specify a time forthe video conference. Id. Morales wanted to appear in court "to point out how he was treated and why he wanted to avoid the video conference."...
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