Nwaokocha v. Sadowski

• Decision Date: 17 May 2005
• Docket Number: No. 02-CV-3371.,02-CV-3371.
• Parties: Jonah NWAOKOCHA, Plaintiff, v. Henry J. SADOWSKI, Regional Counsel for the Northeast Region of the Bureau of Prisons; Dennis Hasty, Former Warden of the Metropolitan Detention Center; Dr. Parry Hess, Staff Psychologist; Dr. Diana Guerraro, Chief Psychologist; Lieutenant Morano, Duty Lieutenant; Theodore Raines, Unit Manager; Carlos Duff, Unit Manager; and Jean and John Does, unidentified prison guards, Defendants.
• Court: U.S. District Court — Eastern District of New York

369 F.Supp.2d 362

Jonah NWAOKOCHA, Plaintiff, v. Henry J. SADOWSKI, Regional Counsel for the Northeast Region of the Bureau of Prisons; Dennis Hasty, Former Warden of the Metropolitan Detention Center; Dr. Parry Hess, Staff Psychologist; Dr. Diana Guerraro, Chief Psychologist; Lieutenant Morano, Duty Lieutenant; Theodore Raines, Unit Manager; Carlos Duff, Unit Manager; and Jean and John Does, unidentified prison guards, Defendants.

No. 02-CV-3371.

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

May 17, 2005.

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Harry C. Batchelder, Jr. by Marshall A. Mintz, New York City, for Plaintiff.

Roslynn R. Mauskopf, United States Attorney by Laura D. Mantell, Assistant United States Attorney, Brooklyn, NY, for Defendants.

MEMORANDUM, JUDGMENT AND ORDER

WEINSTEIN, Senior District Judge.

I. Introduction

Jonah Nwaokocha, a federal prisoner, sues employees of the Metropolitan Detention Center ("MDC") in Brooklyn, New York, pursuant to the Federal Tort Claims Act ("FTCA") and Bivens v. Six Unknown Named Agents, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971). Defendants are named in both their individual and official capacities. His various claims arise from what he alleges was: 1) the unnecessary cruelty of his confinement in the Special Housing Unit ("SHU") at the MDC and his subsequent transfer to the United States Medical Center for Federal Prisoners in Springfield, Missouri ("MCFP"); and 2) loss of personal items, including legal papers, which allegedly occurred during his transfer.

This is one of at least ten actions that plaintiff has filed in federal court since his conviction; some raised challenges to plaintiff's conviction or sentence, while the remainder sought damages for wrongs alleged to have occurred during his term in federal custody.

Plaintiff failed to exhaust his administrative remedies before bringing suit on his constitutional tort claims. He has not demonstrated that amendment of his complaint would result in an actionable constitutional claim. Except for a small payment for unintentionally lost items, pursuant to the FTCA and agreed to by the government, plaintiff's claims are dismissed with prejudice, and his motion to amend is denied.

II. Facts

Jonah Nwaokocha is currently incarcerated at the Federal Correctional Institution ("F.C.I.") in Fort Dix, New Jersey. He is serving a 57-month sentence for crimes, including violation of immigration laws, pursuant to sections 1326(A) and 1326(B)(2) of Title 8 of the United States Code. From October 22, 1999 to March 29, 2001, plaintiff was housed at the Metropolitan Detention Center in Brooklyn, New York; during that period he was temporarily transferred to the MCFP in Springfield, Missouri.

On September 22, 2000, plaintiff was placed in the SHU of MDC to permit a suicide watch after prison officials became concerned about his erratic behavior. A suicide risk assessment conducted by Dr. Parry Hess on September 23, 2000, the day after plaintiff was transferred to the SHU, described him as being in an "acute psychotic condition," being "disoriented to place and time," and rambling "in a disorganized, angry, paranoid manner." Suicide Risk Assessment ("SRA") at 1. Plaintiff was confined in the SHU for one month, for treatment and observation.

On October 25, 2000, he was transferred to the MCFP for special care and treatment. He was removed from suicide watch that day. The post-suicide watch report prepared at MDC on the day he was transferred indicates that although plaintiff's behavior had improved, he still showed signs of delusional thoughts and he continued to refuse prescription psychotropic medication. Plaintiff remained housed at the MCFP, where he ultimately exhibited positive behavior and gained privileges. On March 29, 2001, he was transferred to the penitentiary at Fort Dix.

On October 15, 2001, plaintiff filed an administrative tort claim, dated October 9, 2001, with the Bureau of Prisons regarding: (1) the loss of personal property, which allegedly failed to follow him during his transfer from the MDC to the MCFP; and (2) his allegedly unconstitutional placement in the MDC's SHU and subsequent transfer to MCFP. He sought $500,205.00 in damages, $205.00 of which was for "property damage," and $500,000.00 of which was for "personal injury," based upon his loss of liberty and psychological injuries. Defendants initially offered plaintiff $140.000 as compensation for the loss of property. Plaintiff rejected that claim and commenced the instant action in federal court.

Counsel was appointed by order dated November 2, 2004. Counsel helped prepare and file plaintiff's response to the defendants' Motion To Dismiss, or in the Alternative, for Summary Judgment. A hearing was conducted at which plaintiff was present by telephone and his counsel was physically present in court. All the facts included in counsel's post-hearing letter, dated March 21, 2005, are deemed alleged for purposes of the instant decision.

III. Law

A. Motion to Dismiss

Rule 12(b)(6) of the Federal Rules of Civil Procedure allows dismissal for "failure to state a claim upon which relief can be granted." FED.R.CIV.P. 12(b)(6). In evaluating such a motion, reference is made to the facts stated in the complaint and to attached exhibits. Hayden v. County of Nassau, 180 F.3d 42, 54 (2d Cir.1999). "If a judge looks to additional materials, the motion should be converted into a motion for summary judgment." Id. Factual allegations in the complaint are considered true, and the court reads the pleadings in the light most favorable to the non-moving party, drawing all reasonable inferences against the moving party. Sheppard v. Beerman, 18 F.3d 147, 150 (2d Cir.1994), cert. denied, 513 U.S. 816, 115 S.Ct. 73, 130 L.Ed.2d 28 (1994).

Rule 12(b)(6) may only provide grounds for dismissal of an action if it appears "beyond doubt that a plaintiff can prove no set of facts in support of his claim entitling him to relief." Zerilli-Edelglass v. New York City Transit Auth., 333 F.3d 74, 79 (2d Cir.2003). Nevertheless, "conclusory allegations or legal conclusions masquerading as factual conclusions will not suffice to prevent a motion to dismiss." Smith v. Local 819 I.B.T. Pension Plan, 291 F.3d 236, 240 (2d Cir.2002).

B. Summary Judgment

"Summary judgment is appropriate only if there is no genuine issue as to any material fact, Fed.R.Civ.P. 56(c), and the moving party bears the burden of demonstrating the absence of a genuine issue of material fact." Baisch v. Gallina, 346 F.3d 366, 371 (2d Cir.2003). When ruling on a summary judgment motion, a court must construe the facts in the light most favorable to the non-moving party and must resolve all ambiguities and draw all reasonable inferences against the movant. Id.See also Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986).

In order to survive a motion for summary judgment, the non-movant must offer "specific facts showing that there is a genuine issue for trial." Niagara Mohawk Power Corp. v. Jones Chem., Inc., 315 F.3d 171, 175 (2d Cir.2003) (citing Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986)) (emphasis in original). To do so, the non-movant must do more than present evidence that is merely "colorable" or "not significantly probative." Anderson, 477 U.S. at 249, 106 S.Ct. 2505. See also Quarles v. General Motors Corp., 758 F.2d 839, 840 (2d Cir.1985) ("[M]ere existence of factual issues — where those issues are not material to the claims before the court — will not suffice to defeat a motion for summary judgment.").

The court has considered materials outside the four corners of the complaint in this case, including the medical records of the plaintiff. Treatment of the Motion to Dismiss, or in the Alternative, for Summary Judgment, as a motion for summary judgment therefore is appropriate. The defendants served plaintiff with a Notice to Pro Se Litigant Opposing Motion to Dismiss or Motion for Summary Judgment, pursuant to Local Civil Rule 56.2, along with copies of the texts of Rule 12 and Rule 56 of the Federal Rules of Civil Procedure.

C. Bivens Claims

Plaintiff asserts claims against defendants in their individual and official capacities under Bivens v. Six Unknown Agents of the Federal Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971). "In a Bivens action, alleged victims of constitutional violations by federal officials may recover damages despite the absence of any statute specifically conferring such a cause of action." Robinson v. Overseas Military Sales Corp., 21 F.3d 502, 510 (2d Cir.1994).

1. Exhaustion

The Prison Litigation Reform Act ("PLRA"), states that "[n]o action shall be brought with respect to prison conditions under section 1983 of this title, or any other Federal law, by a prisoner confined in any jail, prison, or other correctional facility until such administrative remedies as are available are exhausted." 42 U.S.C. § 1997e(a).

The MDC [and the MCFP], where [plaintiff] was incarcerated during the period relevant to this [suit], [are facilities] operated by the U.S. Bureau of Prisons ("BOP"). The BOP provides prisoners a grievance procedure applicable to confinement-related issues. The procedure is called the Administrative Remedy Program ("ARP"), and consists of up to four steps, depending upon the circumstances. In some cases, the inmate is required to seek informal resolution of his complaint. Then, if the matter is not resolved, he must file an Administrative Remedy Request at his facility within twenty days of the incident. If the inmate is not satisfied with the facility's reply, he may file a Regional Appeal to the BOP's Regional Director within twenty days of the warden's response. In some situations, including those involving "sensitive subjects," appeals from disciplinary proceedings, and other specified matters, the...