Von Stein v. Pruyne
| Decision Date | 29 June 2020 |
| Docket Number | No. 15-CV-7039 (CS),15-CV-7039 (CS) |
| Parties | CHRISTOPHER VON STEIN, Plaintiff, v. DEPUTY COMMISSIONER JUSTIN D. PRUYNE, PAMELA RIVERA, LISSA GRAVELINE, and LISA HOY, Defendants. |
| Court | U.S. District Court — Southern District of New York |
Appearances:
Christopher von Stein
Bronx, New York
Pro se Plaintiff
Irma Cosgriff
Senior Assistant County Attorney
Office of the Westchester County Attorney
White Plains, New York
Counsel for Deputy Commissioner Justin D. Pruyne
Michael J. Keane
Office of the Attorney General for the State of New York
Counsel for Defendants Pamela Rivera, Lissa Graveline, and Lisa Hoy
Before the Court are the motion for summary judgment of Defendants Pamela Rivera, Lissa Graveline, and Lisa Hoy (collectively, the " "), (Doc. 175); the motion for summary judgment of Defendant Justin D. Pruyne (the "County Defendant" or "Pruyne"), (Doc. 177); and the cross-motion for summary judgment of Plaintiff Christopher von Stein, (Doc. 205).1 For the following reasons, State Defendants' and County Defendant's motions for summary judgment are GRANTED, and Plaintiff's cross-motion for summary judgment is DENIED. Notwithstanding that outcome, this case presents troubling issues, and the Court trusts that counsel for Defendants will educate their respective clients, and their clients' agencies, on how to avoid in the future situations like the one presented here.
The following facts are based on the parties' Local Civil Rule 56.1 Statements, (Doc. 178 ("State Ds' 56.1"); Doc. 186 ("County D's 56.1"); Doc. 206 ("P's 56.1"); Doc. 198 ("P's 56.1 Corrections")),2 and the parties' Responses, (Doc. 191 ("County D's 56.1 Resp."); Doc. 199 ("State Ds' 56.1 Resp."); Doc. 209 ("P's 56.1 Resp. to County D"); Doc. 210 ("P's 56.1 Resp. to State Ds")), and are undisputed unless otherwise noted.3
Plaintiff was convicted of Assault in the Second Degree, a Class D felony, in 2012 in Putnam County, New York (the "Putnam County Sentence"). (State Ds' 56.1 ¶ 5.)4 He wassentenced on September 12, 2012, to a two-year determinate term of imprisonment and a one-year term of post-release supervision ("PRS"). (Id.) His maximum expiration date ("MED") on that determinate sentence was May 6, 2014. (Doc. 188 at 2.) Plaintiff was released from prison on January 22, 2014, and commenced his one year of PRS under the supervision of the New York State Department of Corrections and Community Supervision ("DOCCS"). (State Ds' 56.1 ¶ 7.) At that time, 104 days of his determinate two-year sentence (representing the period between his release on January 22, 2014, and his MED of May 6, 2014) were held in abeyance. (Doc. 188 at 2.) The MED of his term of PRS was January 22, 2015. (Id.)
On October 17, 2014, police officers observed Plaintiff trespassing, after which he was arrested, and early on October 18, they issued him a desk appearance ticket charging him with criminal trespass and criminal possession of a controlled substance. (P's 56.1 ¶¶ 9, 11.)5"Plaintiff was released and told to bring his 'desk appearance ticket' to the White Plains Courthouse[] on November 13th, 2014." (Id. ¶ 10.) Plaintiff did not report his arrest to his parole officer as required, but DOCCS was notified of the arrest through an "Alerts System." (State Ds' 56.1 ¶¶ 11-12; Doc. 179 ("Keane Decl.") Ex. C.) Plaintiff's crimes and his failure to report the arrest to his parole officer constituted two separate violations of his parole. (State Ds' 56.1 ¶¶ 13-14.)
On October 22, 2014, DOCCS issued a parole violation warrant for Plaintiff, (id. ¶ 16), and he was declared delinquent as of October 17, 2014, (id. ¶ 15). On October 29, 2014, parole officers arrested Plaintiff, and he was taken to the Westchester County Jail ("WCJ"), which is part of the Westchester County Department of Correction ("WCDOC"). (See id. ¶ 17; CountyD's 56.1 ¶ 4.) As of October 17, 2014, Plaintiff had 97 days left on his term of PRS and also "owed" 104 days on his original Putnam County Sentence.
On November 13, 2014, Plaintiff was arraigned in the White Plains City Court, under docket number 14-2481. (State Ds' 56.1 ¶ 21.) He was charged with two misdemeanors: criminal trespass in the third degree and criminal possession of a controlled substance in the Seventh Degree. (P's 56.1 ¶ 18.)
Between November 13 and January 7, 2015, Plaintiff appeared in White Plains City Court approximately four times. (County D's 56.1 ¶ 5.) On January 7, 2015, Plaintiff appeared before the Honorable Jo Ann Friia of the White Plains City Court. (See Doc. 184-5 ("City Court Tr.").)6 Plaintiff pleaded guilty to criminal possession of a controlled substance in the seventh degree. (Id. at 5:6-12.) An assistant district attorney ("ADA") conducted the allocution when Plaintiff entered his plea. (Id. at 5:4-5.) The ADA asked:
(Id. at 8:17-9:7.)7
On January 7, 2015, the same day that the plea was entered, Judge Friia signed a time commitment that stated, "IT IS ADJUDGED THAT [Plaintiff] be imprisoned in the WESTCHESTER COUNTY JAIL for the term of 90D NINETY DAYS." (Keane Decl. Ex. F ("Time Commitment 1").) The row below reads "TO BE SERVED:" and presumably is where the Court could indicate whether the sentence is to be served concurrently with or consecutive to another sentence, but it was left blank. (Id.) There is, however, a handwritten note at the bottom, below the Judge's signature and initialed by her, that states, "Court has no objection to this sentence served concurrently with parole or parole violation." (Id.) There is a second time commitment prepared for Plaintiff that is also dated January 7, 2015, and signed by Judge Friia.(Keane Decl. Ex. J ("Time Commitment 2").) Time Commitment 2 states that the ninety-day sentence is "TO BE SERVED: CONCURRENT," and in the remarks section, it states "SENTENCE TO RUN CONCURRENT WITH PAROLE VIOLATION." (Id.)8
On January 8, 2015, "CO Gray" from the WCDOC provided Plaintiff with a "Computation of Sentence" form, which Plaintiff calls a "Sentence Calculation Tape." The form listed that Plaintiff received a sentence of ninety days commencing January 7, 2015, with one day of "Jail Time Credit" for October 18, 2014, the date of his arrest. (Id. Ex. 7.) Plaintiff's earliest release date was listed as March 6, 2015, if he received thirty days of good time credit, and if he had to serve his entire sentence, he would be released on April 3, 2015 (there was a two-day "Weekend Adjustment" in the calculation). (Id.)
On January 23, 2015, Plaintiff filed a "Grievance Form," in which he stated his "time-computation [was] not correct," as it did not "reflect the 'concurrent' sentence the judge ordered." (P's 56.1 Ex. 9.) Plaintiff explained that he told a WCDOC employee of the error, but that he was told that it "'doesn't matter' what kind of sentence the judge or court imposed." (Id.) Plaintiff alleged that Judge Friia had set bail on November 13, 2014, for the purpose of him "'getting credit' for the time from that day forward." (Id.)9 Plaintiff requested "WCDOC to abide by the sentence imposed by Judge Friia." (Id.) Plaintiff's grievance was received on January 27, 2015. (Id.) The following day, a captain filled out a "Grievance Investigation Form," in which he concluded that the "time calculation is correct" because Plaintiff was not entitled to time from October 29, 2014 through January 6, 2015. (Id. Ex. 10.) On January 28,2015, the "Grievance Coordinator" concluded that Plaintiff's time was calculated correctly under N.Y. Penal Law 70.30. (See id. Ex. 12.) The Grievance Coordinator - who must have had access to Time Commitment 1 - explained that while the court had no objection to the sentence being served concurrently with his parole or parole violation, that was "not possible according to NYS penal 70.30," and thus Plaintiff could not receive credit from October 29, 2014, through January 6, 2015. (Id.)10 Plaintiff's "grievance [was held to be] unsubstantiated and [his] remedy [was] denied." (Id.) Assistant Warden Karl Vollmer wrote a memorandum to Plaintiff dated January 29, 2015, explaining that Vollmer had reviewed the grievance and "sustain[ed] the decision made by the Grievance Coordinator." (Id. Ex. 11.) Plaintiff appealed the Grievance...
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