Webster v. Fischer

• Decision Date: 09 March 2010
• Docket Number: No. 9:08-CV-0071 (LEK/DEP).,9:08-CV-0071 (LEK/DEP).
• Citation: 694 F. Supp.2d 163
• Parties: James WEBSTER, Plaintiff, v. Brian FISCHER, Commissioner New York State Department of Correctional Services, et al., Defendants.
• Court: U.S. District Court — Northern District of New York

694 F. Supp.2d 163

James WEBSTER, Plaintiff, v. Brian FISCHER, Commissioner New York State Department of Correctional Services, et al., Defendants.

No. 9:08-CV-0071 (LEK/DEP).

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

March 9, 2010.

James Webster, Rome, NY, pro se.

Hon. Andrew M. Cuomo, Attorney General of the State of New York, Christina Roberts-Ryba, Esq., Asst. Attorney General, of Counsel, Albany, NY, for Defendants.

DECISION AND ORDER

LAWRENCE E. KAHN, District Judge.

This matter comes before the Court following a Report-Recommendation filed on February 22, 2010 by the Honorable David E. Peebles, United States Magistrate Judge, pursuant to 28 U.S.C. ? 636(b) and L.R. 72.3 of the Northern District of New York. Report-Rec. (Dkt. No. 58). After ten days from the service thereof, the Clerk has sent the entire file to the undersigned, including Plaintiff James Webster's Objections, (Dkt. No. 14) ("Plaintiff's Objections"), which were filed on March 2, 2010, and Defendants R. Chapin, R. Clink, Michael Corcoran, A. Costello, Brian Fischer, Halcott, Hoadley, Michael Maher, and Tom Napoli's Letter Brief in Support of the Report and Recommendations (Dkt. No. 60), which were filed on March 4, 2010.

It is the duty of this Court to "make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made." 28 U.S.C. ? 636(b). "A district judge ... may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." Id. Where, however, an objecting "`party makes only conclusory or general objections, or simply reiterates his original arguments, the Court reviews the Report and Recommendation only for clear error.'" Farid v. Bouey, 554 F.Supp.2d 301, 307 (N.D.N.Y. 2008) (quoting McAllan v. Von Essen, 517 F.Supp.2d 672, 679 (S.D.N.Y.2007) (citations and quotations omitted)).

This Court has considered the Plaintiff's Objections and has found that they simply reiterate the arguments made in his Complaint (Dkt. No. 1). Plaintiff does not object to any particular finding by the Magistrate, but rather, claims that "the Report Recommendation has no merit because it solely relies on defendants word and not the documented truth of plaintiff." Plaintiff's Objections at 6. Accordingly, the Court has reviewed the Magistrate's findings for clear error. Having discovered no such error, the Court has determined that the Report-Recommendation should be approved for the reasons stated therein.

Accordingly, it is hereby

ORDERED, that the Report-Recommendation (Dkt. No. 58) is APPROVED and ADOPTED in its ENTIRETY; and it is further

ORDERED, that Defendant's Motion for summary judgment (Dkt. No. 44) is GRANTED, and that Plaintiff's Complaint (Dkt. No. 1) is DISMISSED; and it is further

ORDERED, that the Clerk serve a copy of this Order on all parties.

IT IS SO ORDERED.

REPORT AND RECOMMENDATION

DAVID E. PEEBLES, United States Magistrate Judge.

Plaintiff James Webster, a prison inmate who is proceeding pro se and in forma pauperis, has commenced this action pursuant to 42 U.S.C. ? 1983, inter alia, complaining of civil rights violations allegedly occurring while he was confined at the Cayuga Correctional Facility ("Cayuga"), a prison operated by the New York State Department of Correctional Services ("DOCS"). The plaintiffs complaint centers upon a series of events which he attributes to retaliatory motives on the part of prison officials at Cayuga allegedly resulting from his involvement in the facility's Inmate Liaison Committee ("ILC"). The plaintiff asserts that he suffered discrimination, retaliation, and harassment because of complaints he made regarding prison conditions while on the ILC and alleges violations of various constitutional rights, federal statutes, state law, and DOCS regulations. To redress the alleged violations, the plaintiff seeks a declaratory judgment and injunctive relief, as well as money damages in the amount of $500,000.

Presently before the court is defendants' motion for summary judgment seeking dismissal of the plaintiff's claims. In their motion, defendants argue that plaintiff's claims should be dismissed for failure to state and support viable causes of action and, as to several of the named defendants, due to lack of their personal involvement in the alleged constitutional violations.

Having carefully considered the record now before the court I recommend that defendants' motion, in response to which plaintiff has offered only modest opposition, be granted and his complaint be dismissed in its entirety.

I. BACKGROUND¹

At all times relevant to the complaint, the plaintiff was a prison inmate entrusted to the custody of the DOCS and confined at Cayuga. Complaint (Dkt. No. 1) ?? 1, 11. The actions giving rise to plaintiffs' claims began at or around the time of his transfer into an Alcohol and Substance Abuse Treatment ("ASAT") dormitory at the facility, known as the F-2 unit, in December of 2005.²Id. ?? 11-12.

Among the corrections officers assigned to work in the F-2 unit at the relevant times was defendant Robert Clink. Clink Decl. (Dkt. No. 44-13) ? 3. According to defendant Clink, who was on vacation at the time that plaintiff entered the unit, his philosophy is that applicable prison rules should be strictly enforced, particularly given that the unit houses inmates with histories of substance or alcohol abuse. Id.

When inspecting the unit upon his return from vacation, defendant Clink observed that Webster's living area did not comply with ASAT cube standards; as a result of his finding, Corrections Officer Clink left a written warning for Webster. See Clink Decl. (Dkt. No. 44-13) Exh. A (Memorandum dated January 1, 2006). Later that day, plaintiff approached Clink to discuss the written warning. Even though plaintiff had received and signed for an ASAT program manual when entering the unit (which included within it the governing standards for maintaining a cube), Clink took the time to explain the ASAT standards to him. Id. at ? 10 and Exh. A. Webster had apparently also received prior written warnings of cube standards violations on December 13 and 27, 2005, before Clink returned from vacation, and he subsequently received two more, on January 12 and 30, 2006, the latter two of which resulted in the issuance of misbehavior reports to plaintiff. Id.

According to plaintiff, his difficulties with Corrections Officer Clink began when Clink learned that Webster was running for the position of dormitory representative to the ILC. Webster Tr. (Dkt. No. 44-2) pp. 55-56. Plaintiff overheard a conversation in which one of the inmates in the unit informed Corrections Officer Clink of this fact, to which Clink replied that "ILC guys don't last long over here." Id. at p. 56. Thereafter, every time Clink issued Webster a misbehavior report he would make a negative comment about the fact that he was on the ILC. Id. at pp. 62-64.

Plaintiff began lodging complaints against Corrections Officer Clink on January 30, 2006. See Roberts-Ryba Aff. (Dkt. No. 44-4) Exh. A pp. 30-36 (unnumbered). On that date, as well as again on February 10 and February 16, 2006, plaintiff wrote letters to the superintendent of the facility, with copies to the DOCS Inspector General, alleging that Corrections Officer Clink was harassing him as a result of Webster's position with the ILC and also claiming that the cube violations charged and subsequent misbehavior reports issued by defendant Clink were retaliatory. See id. Corrections Officer Clink responded in writing to each denying any harassment, or that his actions were in any way motivated by Webster's position on the ILC. See Clink Decl. (Dkt. No. 44-13) Exh. A. In his written response, Corrections Officer Clink offered his view that plaintiff's problems stemmed from his inability to deal with the strict enforcement of the rules in the ASAT unit. See id.

Plaintiffs complaints regarding Corrections Officer Clink's alleged harassment and retaliation were investigated by Corrections Captain R. Chapin, another named defendant in the action, who interviewed plaintiff on more than one occasion; the findings resulting from defendant Chapin's investigation are memorialized in a memorandum prepared by him on March 2, 2006. Roberts-Ryba Aff. (Dkt. 44-4) Exh. A p. 42 (unnumbered). In it Captain Chapin reported that during a meeting on March 1, 2006 Webster advised that his relationship with Corrections Officer Clink was good and that there were no further problems.³See id. Chapin also noted that plaintiff declined to identify witnesses to the alleged harassment and that he requested Webster to forward any future security concerns to him. See id. In his report defendant Chapin concluded that there was no evidence of harassment and that it was his "strong opinion that Webster is having difficultly with the ASAT program." Id.

On February 10, 2006, after reporting to Corrections Officer Clink that he was going to Jumah services, by his own later admission plaintiff instead went to an ILC meeting at the commissary. Id. When Corrections Officer Clink called to confirm that plaintiff was present at the Jumah services, he learned that Webster was not. Id. Clink subsequently questioned Webster who lied and said that he had been called out of Jumah services for an ILC meeting when he had not attended religious services at all. Id. As a result, Corrections Officer Clink issued Webster another misbehavior report on February 10, 2006, charging plaintiff with making false statements, being out of place in the facility, and failing to follow facility regulations, all in violation of prison rules. Clink Decl. (Dkt. No. 44-13) Exh. B.

Plaintiff was afforded a Tier II disciplinary hearing, held on February 17, 2006, with respect to these charges.⁴ Clink Decl. (Dkt. No. 44-13) Exh. C. Although the charge of making false statements was dismissed, at the close of the...