Peña v. Greffet
| Decision Date | 28 January 2013 |
| Docket Number | No. CIV 12–0710 JB/WDS.,CIV 12–0710 JB/WDS. |
| Citation | 922 F.Supp.2d 1187 |
| Court | U.S. District Court — District of New Mexico |
| Parties | Crystal PEÑA, Plaintiff, v. Dale GREFFET and Carlos Vallejos, in their individual capacities, Arlene Hickson in her individual and official capacity & Corrections Corporation of America, Defendants. |
OPINION TEXT STARTS HERE
Zachary A. Ives, Garcia Ives Nowara, Mark Fine, Charlotte Itoh, Fine Law Firm, Albuquerque, NM, for the Plaintiff.
Michael S. Jahner, Yenson, Lynn, Allen & Wosick, P.C., Albuquerque, NM, for Defendant Dale Greffet.
Deborah D. Wells, Kennedy, Moulton & Wells, P.C, Albuquerque, NM, Christina G. Retts, Struck Wieneke & Love, Chandler, AZ, Attorneys for Defendants Carlos Vallejos, Arlene Hickson, and Corrections Corporation of America.
THIS MATTER comes before the Court on the CCA, Hickson and Vallejos' Motion to Dismiss, filed Sept. 24, 2012 (Doc. 10)(“Motion to Dismiss”). The Court held a hearing on November 27, 2012. The primary issues are: (i) whether the Defendant Dale Greffet, a corrections officer at the New Mexico Women's Correctional Facility (“NMWCF”) in Grants, New Mexico, was acting under color of state law when he allegedly violated Plaintiff Crystal Peña's constitutional rights by sexually assaulting her; (ii) whether Peña alleges sufficient factual allegations to make plausible Defendants Corrections Corporation of America's and Arlene Hickson's personal involvement in practices and customs of suppressing inmate reports of sexual assault at NMWCF in violation of Peña's constitutional rights; (iii) whether Peña's allegations make plausible that CCA, owner and operator of the NMWCF, and Hickson, the NMWCF warden, violated her First Amendment rights by placing her in segregated confinement in retaliation for reporting Greffet's sexual assault and the alleged violations of her constitutional rights by Defendant Carlos Vallejos, CCA Chief of Security; (iv) whether Peña states a claim against Vallejos under 42 U.S.C. § 1983 or for the intentional tort of battery under New Mexico law when he allegedly grabbed her and slammed her into a wall in the hallway at NMWCF; and (v) whether Peña's Complaint states a plausible claim under New Mexico law that CCA is vicariously liable for Greffet's alleged sexual assaults of Peña, because his conduct was in the scope of his employment with CCA or he was acting pursuant to his implied authority as a CCA employee. The Court will grant in part and deny in part the Motion to Dismiss. Peña fails to provide sufficient factual allegations to support her argument that Greffet's alleged sexual assault of her in Alamogordo, New Mexico, around Labor Day weekend, 2009, was done under color of state law, as she does not plausibly allege that Greffet used his position as a CCA corrections officer to improperly entice her to meet him at a motel room. Peña's allegations that CCA and Hickson engaged in customs and practices suppressing reporting of inmate's sexual assaults lead to the reasonable inference that both CCA and Hickson participated in conduct that caused Greffet's violation of her Eighth Amendment rights. Because Peña alleges that her treatment in segregation, including being kept in segregation for eight months, was retaliation for her reporting Greffet's alleged sexual abuse and/or Vallejos' alleged battery of her, her allegations plausibly state a claim for retaliation in violation of her First Amendment Rights. Peña fails to make plausible her claims against Vallejos, because she fails to provide the Court with sufficient factual allegations to support her allegations of Vallejos' violation of her civil rights and battery of her, providing only conclusory statements of the elements of those causes of action. Because Peña's Complaint for Civil Rights Violations and Common Law Torts, filed June 29, 2012 (Doc. 1)(“Complaint”), does not adequately allege that Greffet's alleged sexual abuse of her at NMWCF is a basis on which she seeks to impose vicarious liability on CCA, she fails to adequately plead those claim against CCA. Because Greffet's other alleged sexual assaults of Peña were at times when she was not an inmate subject to CCA's authority and at times in which she could not have reasonably believed that Greffet was acting pursuant CCA's authority, she fails to state a plausible theory for holding CCA liable for these acts.
The Court will grant Peña's request to amend and grant her leave to amend her Complaint. As Peña stated at the hearing that she might have further factual allegations regarding whether Greffet improperly used his state-derived authority to coerce Peña to meet him at the motel in Alamogordo to show that he was acting under color of law, the Court will grant Peña's request for leave to amend her pleadings to add such additional facts for this theory. The Court will also grant leave to Peña to amend her causes of action against Vallejos so that she may be able to provide sufficient factual allegations beyond her conclusory restatements of the elements of a § 1983 cause of action for an Eighth Amendment Violation and the intentional tort of battery. Finally, because Peña provides additional factual allegations elsewhere in the Complaint regarding Greffet's alleged sexual assault at NMWCF, the Court will grant Peña's request to amend her pleadings as to CCA's vicarious liability under New Mexico law for the assault at the NMWCF.
In July, 2009, Peña was a post-conviction prisoner at NMWCF. See Complaint ¶ 3, at 1–2. At all times material to Peña's allegations, CCA operated and maintained NMWCF pursuant to a contract with the State of New Mexico, and was bound to comply with certain New Mexico Corrections Department (“NMCD”) policies. Complaint ¶ 4, at 2. CCA employed Hickson as NMWCF warden, and as such she was the head supervisor of the facility. See Complaint ¶ 5, at 2. During portions of the time in which the underlying conduct took place, CCA employed Greffet and Vallejos as corrections officers at NMWCF. See Complaint ¶ 6, at 2.
Peña's mother's boyfriend raped Peña when she was a young child on two separate occasions. See Complaint ¶ 7, at 2. Peña, at a time before her allegations arose, was diagnosed with debilitating mental illnesses. See Complaint ¶ 8, at 2. In the spring of 2009, while Peña was isolated in NMWCF's segregation unit, she was befriended by Greffet, who initiated, cultivated, and encouraged an intimate relationship with her contrary to CCA's and NMCD's policies and procedures. See Complaint ¶ 9, at 2. The claims alleged in Peña's Complaint arise from five distinct incidences of conduct: (i) Greffet's alleged sexual abuse at NMWCF in July/August 2009; (ii) Greffet's alleged sexual abuse in Alamogordo, around Labor Day weekend, 2009; (iii) Greffet's alleged sexual abuse in Albuquerque, New Mexico, around August, 2010; (iv) Vallejos' alleged assault and battery in a hallway at NMWCF in June 2011; and (v) Peña's being placed and kept in segregation following her sexual abuse report in 2011.
Beginning in July of 2009, Greffet began to make advances and sexual comments to Peña about her physical appearance, which, for a period of time, Peña resisted. See Complaint ¶¶ 10–11, at 3. In July and August of 2009, Greffet began to sexually fondle 1 Peña. See id. ¶ 12, at 3. During the same time frame, Greffet made numerous false statements to Peña, including expressing his intent to enter into a committed relationship with her and his desire that they raise children together after her release from custody. See Complaint ¶ 13, at 3. Peña, relying on these statements, came to believe that Greffet was committed to a monogamous relationship with her in which the two of them would raise children. See Complaint ¶ 14, at 3. Peña was particularly susceptible to these advances, because of her history of sexual victimization, her diagnosed mental illnesses, and her aspiration to live a life of love and normalcy. See Complaint ¶ 15, at 3. At some point during late July or early August of 2009, Greffet called Peña into the an office of the commanding officer in front of the master control area of NMWCF, and, sitting at the desk, revealed his erect penis to Peña, and told her to look and see the effect that she had on him. See Complaint ¶¶ 16–17, at 3. With Peña under the desk, Greffet orally sodomized her. See Complaint ¶ 18, at 3.
On or about late August of 2009, Peña paroled to Ruidoso, New Mexico, from NMWCF. See Complaint ¶ 19, at 4. After Peña paroled, Greffet obtained Peña's telephone number from Peña's aunt, who was incarcerated at NMWCF. Greffet contactedPeña and pressured her to meet him. On Labor Day Weekend of 2009, just before Peña entered into an in-patient treatment program in Alamogordo as a condition of her probation, Greffet rented a motel room for the two of them. See Complaint ¶ 21, at 4. During their stay in the motel room, Greffet raped 2 Peña on four occasions. See Complaint ¶ 22, at 4. In the motel room, Peña resisted Greffet's efforts to orally and anally sodomize her, but relented when Greffet persisted. See id. ¶ 23, at 4.
On or about October of 2009, Peña's parole was revoked, and she returned to NMWCF, where Greffet continued to work. See Complaint ¶ 24, at 4. After returning from parole, Greffet continued to falsely state his commitment to Peña and his intent to raise children with her, to make sexual advances toward her, and to sexually fondle her. See Complaint ¶ 25, at 4. On or around April of 2010, Greffet left his position at NMWCF. Before he left, however, Greffet again expressed his plans to live with Peña and raise children with her. See Complaint ¶ 26, at 4.
On or about August of 2010, Peña was again released from NMWCF on probation. A...
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...Inc., Central Detention Facility, District of Columbia) U.S. District Court CONTRACT SERVICES POLICIES/PROCEDURES Pena v. Greffet, 922 F.Supp.2d 1187 (D.N.M. 2013). A female former state inmate brought a [section] 1983 action against a private operator of a state prison, the warden, and cor......