Reid v. Nassau Cnty. Sheriff's Dep't
| Decision Date | 20 August 2014 |
| Docket Number | 13-CV-1192 (SJF)(SIL) |
| Parties | DWAYNE M. REID, et al., Plaintiffs, v. NASSAU COUNTY SHERIFF'S DEPARTMENT, et al., Defendants. |
| Court | U.S. District Court — Eastern District of New York |
Pursuant to a February 13, 2012 order entered in Anderson, et al. v. Sposato, et al., 11-CV-5663 (SJF)(WDW) ("the Anderson case"), over one hundred (100) separate pro se complaints brought pursuant to 42 U.S.C. § 1983 ("Section 1983") challenging the prison conditions allegedly existing at the Nassau County Correctional Center ("NCCC") were consolidated. By Order dated February 11, 2013, the Court entered a scheduling order ("the Scheduling Order") governing discovery, motion practice and the trial in the Anderson case. This consolidated action consists of eighteen (18)1 pro se plaintiffs who filed complaints in this Court against the Nassau County Sheriffs Department ("NCSD")2; Michael Sposato ("Sheriff Sposato"), individually and in his official capacity as Sheriff of Nassau County; "John Doe,"Superintendent of the NCCC ("the Superintendent")3; and/or the County of Nassau ("the County")4, near or after the expiration of several discovery deadlines set forth in the Scheduling Order. On or about June 11, 2013, three (3) of the consolidated plaintiffs5, Henrius Jovany ("Jovany"), Abigail Torres ("A. Torres") and Guillermo Torres ("G. Torres"), jointly filed an amended complaint ("the amended complaint"), inter alia, naming "John Doe # 1" and "John Doe #2," individually and in their official capacity as "County Cooks" for the NCCC (collectively, "the County Cooks"), and Armor Correctional Health Service of New York, Inc. ("Armor"), as additional defendants. Like the complaints in the Anderson case, the fifteen (15) remaining complaints and the amended complaint in this consolidated action are brought pursuant to, inter alia, Section 1983 and challenge similar prison conditions allegedly existing at the NCCC.
Pending before the Court are: (1) separate motions by defendants NCSD, Sheriff Sposato, the Superintendent, the County and the "County Cooks" (collectively, "the County defendants") to dismiss (a) the complaints of, inter alia, Reid, Christian Delosrios ("Delosrios"), Fernando Cazares ("Cazares") and Montavious Jackson ("Jackson") and (b) the amended complaint ofJovany, A. Torres and G. Torres6 pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure for failure to state a claim for relief7; and (2) Armor's motion to dismiss the amended complaint as against it pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. None of the consolidated plaintiffs has filed any opposition to Armor's motion and only A. Torres and G. Torres have opposed the County defendants' motion. For the reasons set forth below, the County defendants' and Armor's motions are granted in part.
The statement of claim in Reid's complaint reads as follows:
. For injuries, Reid claims that he has "a rash on the bottom of[his] left foot" and that he received medical attention, "but not the proper attention because the rash is still there and it's getting worser [sic]." (Compl., ¶ IV(A)). For relief, Reid seeks "heat, cleaning supplies to clean unsanitary cells, medial [sic] treatment for all injuries herein, injunction [sic] relief and monetary damages" in an unspecified amount. (Compl., ¶ V).
Delosrios contends that he has been incarcerated in the E2B housing unit of the NCCC since "[o]n or about March 9, 2013" and has been subjected "to an extremely filthy cell and housing unit that consisted of chipped peeling paint on walls, flooring, that included human feces encrusted on walls and toilet bowl," which caused him "to become very sick and infected on his buttocks from toilet not being clean." (Compl., ¶ IV). Delosrios also contends: (1) that the "housing unit correction officer John Doe" refused his request for cleaning supplies "to sanitize the cell and walls[;]" (2) that he "he has been bitten by numerous 'bed-bugs' and roaches that have caused * * * red marks on [his] neck, back and legs[;]" (3) that there "are [sic] active infestation of mice along with their 'mice feces' all around in [his] cell and running around on unit[;]" (4) that he and the other inmates "are being served * * * unhealthy and unsanitary foods that is [sic] clearly infested with insects and mice droppings;" (5) that he "made a formal complaint to Defendants, and Defendants 'choose [sic] not to investigate these complaints and ignore [sic] to correct these problems of conditions[;]" (6) that when he showed "the housing correction officer the dropping of mice feces," the officer "stated 'its [sic] more protein to eat[;]"' and (7) that "after complaints were made no correction [sic] action or remedy" was given. (Compl., ¶ IV).
Delosrios claims that due to the unsanitary and inadequate food, he suffers from "severe migraine headaches, * * * dizzy spells, * * * [and] stomach ache and pains" throughout the day. (Compl., ¶ IV). For injuries, Delosrios claims that he sustained an infection on his body, a fever, a severe migraine headache and stomachache and pains, for which he received medical treatment "consist[ing] of blue pills." (Compl., ¶ IV(A)). Delosrios seeks "injunctive relief and monetary [d]amages in the amount of $20 million dollar [sic] in compensatory [djamages, and $20 million dollars in punitive damages * * *." (Compl., ¶ V).
Like Delosrios, Cazares contends: (1) that he has been "subjected to an unsanitary housing unit on E2-B for over 6½ months * * *[,]" insofar as "the cell are [sic] extremely [sic] with chipped peeling paint, [and] encrusted dried fecal matters [sic] on the walls, ceiling and flooring[,]" (Compl, ¶ IV); (2) that the "housing unit correction officer John Doe" refused his request for cleaning supplies "to sanitize the walls and flooring and toilet bowl as well as the cell sink[,]" (id.); (3) that his cell and the housing unit are infested with bed bugs, roaches and mice, but defendants "refuse to set traps" and denied his request to be moved to another housing unit, (id.); (4) that he has "been bitten by bed-bugs and cockroaches that have cause [sic] him to become infected and marks on [his] body[,]" (id.); (5) that the food at the NCCC is "unappetizing," "unwholesome," "poorly prepared," "often infested with insects that you can 'see' upon eaten [sic]," "unsanitary to consume [and] being served under conditions that present immediate danger to [his] health as well as other inmates [sic] health[;]" and (6) that he "made 'complaints' too [sic] Defendants, however, Defendants choose [sic] to ignore, correct theseproblems * * *." (Compl., ¶ IV). (Id.) Cazares claims that due to the unsanitary food, he has "become very sick and weak throughout the day that consisted of severe migraine headaches and dizzy spells and stomach ache and pain from being underfed of proper food." (Compl., ¶ IV). In addition, Cazares alleges: (1) that "during the winter months, [he] is suffering from chills at night, because the cell are [sic] extremly [sic] cold" and his request to "correction office[r] John Doe" for an extra blanket was denied, as a result of which he "became very sick with fever for weeks that require[d] medical attention[,]" (id.); and (2) that "Correction Officer John Doe," bang the cell door on [his] foot intentionally, that caused [him] to 'fracture his foot,' do [sic] to the Correction Officer banging the cell door's [sic] daily as a means of waking inmates up and are banged throughout the day to count inmates, instead of using their P.A. system, which the banging is loud and violent." (Id.)
For injuries, Cazares claims that he sustained an "[i]nfection on his [a]rms, and [b]ack, [s]evere headaches, dizzy spells and stomach ache and pains" and that medical treatment "was delayed for two-weeks, and thereafter received." (Compl., ¶ IV(A)). Cazares seeks "[i]njunctive relief and [m]onetary [d]amages in the amount of $20 million dollars jointly and severally for [c]ompensatory damages, and $20 million dollars in punitive [d]amages * * *." (Compl., ¶ V).
Like Delosrios and Cazares, Jackson contends: (1) that since on or about August 3, 2012, he has been "subjected to unsanitary conditions at [NCCC] that have caused [him] to become infected from the unsanitary cell[,]" (Compl., ¶ IV); (2) that he "is housed on E2 B housing unit that is extremely dirty with chipped peeling paint on walls, and walls is [sic] clearly encrustedwith urine and human feces and toilet not working properly[,] (Id.); (3) that defendants "refuse to supply any cleaning supplies to sanitize [his] cell[,] (id.); (4) that his cell is infested with insects and roaches and "active mice * * * running around during the night," which leave "numerous mice feces inside [his] drinking cup[,]" (id.); (5) that the insects and roaches have bitten him on his neck and legs, causing "an infection on [his] neck and red marks on [his] legs[,]" but defendants failed to remedy or correct the problem after he "filed a complaint," (id.); and (6) that he suffers from "severe migraine headaches from being underfed of proper food that is unsanitary to eat because the Defendants [sic] is subjected to unsanitary and unwholesome foods that is infested with insects and roaches along with mice dropping [sic], that have caused [him] to become very weak throughout the day from not eating * * *." (Id.) In...
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