Muldoon v. Dep't of Corr.
| Decision Date | 07 February 2017 |
| Docket Number | Civil Action No.: 15-cv-13892-DJC |
| Parties | EMMETT S. MULDOON, Plaintiff, v. DEPARTMENT OF CORRECTION, et al., Defendants. |
| Court | U.S. District Court — District of Massachusetts |
Plaintiff Emmett Muldoon ("Muldoon") filed this lawsuit against Defendants Department of Correction ("MDOC"), Carol Higgins O'Brien (also spelled as Higgins-O'Brien in some pleadings), Sean Medeiros, Barbara Baker and William Mongelli (collectively the "Defendants"), alleging violations under the First Amendment, the Fourth Amendment, the Fourteenth Amendment, Articles IX and XIV of the Massachusetts Declaration of Rights, 42 U.S.C. § 1983 ("§ 1983"), Mass. Gen. L. c. 12, § Mass. Gen. L. c. 127 §§ 32, 87, Mass. Gen. L. c. 214 § 1B and Health Insurance Portability and Accounting Act ("HIPAA"). D. 26-1 at 1-2. Defendants moved to dismiss. D. 40. For the reasons discussed, the Court ALLOWS in part and DENIES in part Defendants' motion to dismiss, D. 40.
The Court will grant a motion to dismiss pursuant to Rule 12(b)(6) if the complaint fails to plead sufficient facts that "state a claim to relief that is plausible on its face." Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007). The Court "must assume the truth of all well-plead[ed] facts and give the plaintiff the benefit of all reasonable inferences therefrom." Ruiz v. Bally Total Fitness Holding Corp., 496 F.3d 1, 5 (1st Cir. 2007) (citing Rogan v. Menino, 175 F.3d 75, 77 (1st Cir. 1999)). "Exhibits attached to the complaint are properly considered part of the pleading 'for all purposes,' including Rule 12(b)(6)." Pare v. Northborough Capital Partners, LLC, 133 F. Supp. 3d 334, 336 (D. Mass. 2015) (quoting Trans-Spec Truck Serv., Inc. v. Caterpillar, Inc., 524 F.3d 315, 321 (1st Cir. 2008)).
When a plaintiff files a complaint pro se, the Court applies a liberal reading and holds pro se litigants to a less stringent pleading standard than that applied to lawyers. Kruskall v. Sallie Mae Serv., Inc., No. 15-cv-11780, 2016 WL 1056973, at *1 (D. Mass. Mar. 14, 2016) (citing Green v. Com. of Mass., 108 F.R.D. 217, 218 (D. Mass. 1985)). A pro se plaintiff, however, must still comply with procedural and substantive law and "dismissal remains appropriate . . . when the complaint fails to even suggest an actionable claim." Overton v. Torruella, 183 F. Supp. 2d 295, 303 (D. Mass. 2001).
Muldoon is an inmate at NCI-Norfolk. D. 26-1 ¶¶ 2, 7. Muldoon's complaint centers on three sets of alleged violations. First, Muldoon asserts that Defendants have delayed his outgoing legal and non-legal mail. Muldoon states that on or about May 28, 2014 and on or about June 17, 2014, he attempted to mail legal documents without stamps to the Dedham Superior Court and the Norfolk County District Attorney, but that these documents were improperly returned to him. Id. ¶¶ 9-10. Muldoon further alleges that on or about December 24, 2014, he attempted to mail a non-legal letter without stamps, but that this letter was not mailed and instead returned to him. Id. ¶ 16. Muldoon also contends that he attempted to mail legal documents to the Dedham Superior Court and Norfolk County District Attorney without stamps on or about January 15, 2015, but that these documents were returned to him. Id. ¶ 20. Each time mail was returned to Muldoon, it was accompanied by forms that stated that Muldoon was not considered indigent. Id. ¶¶ 9-10, 16, 20; D. 26-2 at 8-10, 19-21, 38-40. In response to these delays in getting his legal and non-legal mail delivered, Muldoon filed formal grievances, D. 26-1 ¶¶ 11, 17-19, 24, and spoke with MDOC officials Sean Medeiros ("Medeiros") and Barbara Baker ("Baker") regarding these incidents, id. ¶¶ 12, 17, 21-23.
Muldoon also pleads facts related to incidents centered on the opening and inspecting of his incoming mail. Muldoon first asserts that DOC officials opened medical documents sent by Lemuel Shattuck Hospital outside of Muldoon's presence in November 2014. Id. ¶ 15. Muldoon alleges that similar incidents in which his incoming medical correspondence was opened outside of his presence occurred in February 2015, May 2015 and July 2015. Id. ¶¶ 26, 31, 33, 36. Muldoon states that he filed grievances related to some of these incidents. Id. ¶¶ 27, 29, 32, 34-35.
Finally, Muldoon seeks redress for incidents arising from his interactions with law librarian, William Mongelli ("Mongelli"). On April 3, 2013, Muldoon alleges that he requested copies of documents to support a motion to withdraw his guilty plea which included letters from his attorney, medical and psychiatric records and documents related to his social security proceedings. Id. ¶¶ 8, 38. When making his request, Muldoon explained to Mongelli that he did not want to leave his documents with an unsupervised inmate clerk, but Mongelli denied Muldoon's request to be present during the copying of his documents. Id. ¶ 38. Muldoon's initialgrievance and appeal about this incident were denied. Id. ¶ 39. As a result, Muldoon did not get his Rule 30(b) motion copied until February 2014. Id. ¶ 40.
Muldoon instituted this action on November 12, 2015. D. 1. The Defendants have now filed a motion to dismiss1 for failure to state a claim, D. 40.2
To lodge an adequate § 1983 claim, Muldoon must allege that a "person who, under color of any statute, ordinance, regulation, custom, or usage, of any State . . . , subject[ed], or cause[d] [him] to be subjected, . . . to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws . . . ." 42 U.S.C. § 1983. To do so, Muldoon must demonstrate (1) that the conduct complained of transpired under the color of state law; and (2) as a result, he suffered a deprivation of his rights. Klunder v. Brown Univ., 778 F.3d 24, 30 (1st Cir. 2015) (citing Santiago v. Puerto Rico, 655 F.3d 61, 68 (1st Cir. 2011)).
Defendants first contend that Muldoon fails to state a claim under his multiple § 1983 claims as to MDOC because a state agency does not qualify as a "person" under this statute. D. 42 at 10. States and their agencies are not subject to § 1983 liability because these entities are not "person[s]" under this statute. See Will v. Mich. Dep't of State Police, 491 U.S. 58, 71 (1989);McNeil v. Massachusetts, No. 14-cv-14370-DJC, 2014 WL 7404561, at *3 (D. Mass. Dec. 30, 2014) (citing Will, 491 U.S. at 66). MDOC is an agency of the Commonwealth, Sepulveda v. UMass Corr. Health, Care, No. 14-cv-12776-ADB, 2016 WL 475168, at *15 (D. Mass. Feb. 5, 2016), and thus is not subject to § 1983 liability for this reason. To the extent that any of Muldoon's § 1983 claims in Counts I, II and III are brought against MDOC, the Court grants dismissal.
Defendants next contend that the individual defendants who have been sued in their official capacities are not "persons" pursuant to § 1983, and claims for monetary damages against these individuals should be dismissed. D. 42 at 10. Muldoon's prayer for relief seeks compensatory and punitive damages against Carol Higgins O'Brien ("Higgins O'Brien"), Medeiros and Baker in their official capacities in Counts I, II and III under § 1983. D. 26-1 at 18. Claims for damages against defendants in their official capacity are not cognizable under § 1983 because these defendants are not "persons" under the statute. Will, 491 U.S. at 71 & n.10; Greene v. Cabral, No. 12-cv-11685-DPW, 2015 WL 4270173, at *4 n.2 (D. Mass. July 13, 2015) (citing Will, 491 U.S. at 71); McNeil, 2014 WL 7404561, at *3 (citing Will, 491 U.S. at 65-66); Villanueva v. Franklin Cty. Sheriff's Office, 849 F. Supp. 2d 186, 190 (D. Mass. 2012) (citing Will, 491 U.S. at 71; Johnson v. Rodriguez, 943 F.2d 104, 108 (1st Cir. 1991)). As to defendants in their official capacity, the Court grants dismissal with respect to Muldoon's § 1983 claims for monetary damages.
Muldoon, however, also asserts claims for injunctive relief against defendants in their official capacity such that these defendants. D. 26-1 at 19-20; see also D. 55 at 2-3 (). While a plaintiff cannot bring a § 1983 claim for damages against a state official in their official capacity,see supra, a plaintiff is allowed to seek injunctive relief against these same officials pursuant to § 1983. See O'Neil v. Baker, 210 F.3d 41, 47 (1st Cir. 2000) (citing Erwin Chemerinsky, Federal Jurisdiction § 7.5, at 389 (2d ed. 1994)); Greene, 2015 WL 4270173, at *4 n.2 (citing Will, 491 U.S. at 71 n.10).
Thus, the Court dismisses Counts I, II and III against MDOC in full and dismisses Counts I, II and III against the individual defendants in their official capacity as to Muldoon's prayer for relief for damages. The § 1983 claims raised in Counts I and III that remain are (1) those claims against Higgins O'Brien, Medeiros and Baker in their personal capacities and (2) claims for injunctive relief against Higgins O'Brien, Medeiros and Baker in their official capacities. The § 1983 claims in Count II that remain are (1) those claims against Higgins O'Brien, Medeiros, Baker and Mongelli in their personal capacities and (2) claims for injunctive relief against Higgins O'Brien, Medeiros and Baker in their official capacities.
In Counts I and III, Muldoon asserts state civil rights claims under Mass. Gen. L. c. 12, § the Massachusetts Civil Rights Act ("MCRA"). D. 26-1 ¶¶ 42-47, 51-54; see McClure v. Town of E. Brookfield, No. 972004B, 1999 WL 1323628, at *2 (Mass. Super. Mar. 11, 1999). "To establish a claim under the [MCRA], the plaintiffs must prove that (1) their exercise or enjoyment of rights secured by the Constitution or laws of either the United...
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