Young v. United States

• Decision Date: 20 March 2014
• Docket Number: 12-CV-2342 (ARR) (SG)
• Parties: LYNDON CHRISTOPHER YOUNG, Plaintiff, v. THE UNITED STATES, Defendant.
• Court: U.S. District Court — Eastern District of New York

LYNDON CHRISTOPHER YOUNG, Plaintiff, v. THE UNITED STATES, Defendant.

12-CV-2342 (ARR) (SG)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK

Dated: March 20, 2014

NOT FOR PRINT

PUBLICATION

OPINION AND ORDER

ROSS, United States District Judge:

Plaintiff Lyndon Christopher Young brings this suit under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. §§ 1346(b), 2671-2680, for personal injuries arising out of an incident that occurred while he was in federal immigration custody in 2009. Defendant United States of America has moved to dismiss the complaint for lack of subject matter jurisdiction pursuant to Federal Rule of Civil Procedure 12(b)(1) or, in the alternative, for summary judgment. For the reasons set forth below, I find that the court lacks subject matter jurisdiction over two of plaintiff's negligence claims because plaintiff did not satisfy the FTCA's presentment requirement, and the court lacks subject matter jurisdiction over the remaining negligence claim because it is barred by the FTCA's discretionary function exception. Accordingly, defendant's motion is granted and the complaint is dismissed for lack of subject matter jurisdiction.

BACKGROUND

I. Plaintiff's Cell Assignment

The following facts are undisputed unless otherwise noted. Plaintiff was detained on federal immigration charges from 2007 to November 2009 at Federal Detention Center Oakdale("FDC Oakdale") in Louisiana. Def.'s Local Rule 56.1 Statement of Undisputed Facts ("Def.'s Facts"), Dkt. #43, Ex. 2, ¶¶ 1-2. During part of plaintiff's detention at FDC Oakdale, he was placed in the Special Housing Unit ("SHU"), a unit with increased security designed to house inmates who commit rule infractions. Id. ¶¶ 3, 10. Between July 6, 2009, and August 4, 2009, plaintiff shared a cell in the SHU with inmate Bebb Okitapoy. Id. ¶ 39.

Plaintiff asserts that he made multiple complaints to FDC Oakdale staff members expressing his safety concerns about sharing a cell with Okitapoy. He did not know Okitapoy prior to their assignment to the same cell in the SHU. Decl. of Adanna U. Ugwonali ("Ugwonali Decl."), Dkt. #45, Ex. 3, Dep. of Lyndon Young ("Pl. Dep.") 180. Plaintiff testified that when an FDC Oakdale officer brought plaintiff to the SHU for the first time, plaintiff saw Okitapoy in the cell "making a lot of noise" and was concerned about "the way he was acting." Id. at 178. Plaintiff told the officer, Tony King, that he did not want to share a cell with Okitapoy, but he testified that King "just smiled and put me with him." Id. Plaintiff testified that during the period that he and Okitapoy shared a cell, Okitapoy threatened to harm him on about two occasions. Id. at 91. Okitapoy told plaintiff not to sleep because he would hurt him while he was sleeping. Id. at 77. Plaintiff testified that he filled out written complaint forms, known as "cop-out forms," in which he described Okitapoy's threats, stated that he feared his life was in danger, and asked for a transfer to a different cell. Id. at 76-77. He recalls filing "a couple" of cop-out forms, but he does not remember exactly how many he filed and did not keep copies. Id. at 76. He testified that FDC Oakdale staff did not respond to the cop-out forms. Id. at 77. Plaintiff also testified that "a couple of times" he told officers on duty that his cellmate was threatening him and asked to be moved to a different cell. Id. at 78-79. He testified that the officers told him to speak to supervising officer Frederick Cobb. Id. at 78. Plaintiff testified that every time Cobb performedrounds, plaintiff would complain to him about his cellmate, but Cobb told him that he would have to wait until the monthly "shift change" when inmates would be moved to different cells. Id. at 79-80.

Defendant denies that FDC Oakdale staff received complaints from plaintiff about his cellmate. Both King and Cobb testified that they did not recall plaintiff making complaints about Okitapoy. Decl. of Matthew Silverman ("Silverman Decl."), Dkt. #44, Ex. E, Dep. of Tony King ("King Dep.") 12-14; Ex. C, Dep. of Frederick Cobb ("Cobb Dep.") 23. Mark Gutierrez, who was at the time the unit manager, testified that inmates' reports of threats from other inmates are typically sent to a lieutenant to investigate. Silverman Decl., Ex. F, Dep. of Mark Gutierrez ("Gutierrez Dep.") 22-24. If the lieutenant determined that there was "some actual justification that there was an issue," the report would be sent to the Special Investigative Supervisor (SIS) for an investigation. Id. at 43-44. Gutierrez testified that in his role as unit manager he made weekly rounds in the SHU to hear any complaints from inmates, and he does not recall that plaintiff complained to him about wanting to switch his cell. Id. at 40. Lieutenant Brian Webb asserts that the SIS department has no record of a complaint from plaintiff regarding his placement with Okitapoy. Decl. of Brian Webb ("Webb Decl."), Dkt. #44, Ex. 7, ¶ 27.

II. Incident on August 4, 2009

There is no dispute that an incident occurred between plaintiff and Okitapoy on the morning of August 4, 2009. Plaintiff testified that Okitapoy was using the toilet in the cell and had his hands in the toilet. Def.'s Facts ¶ 54. Plaintiff asked Okitapoy to flush the toilet because it was starting to smell, and Okitapoy took his hands out of the toilet and flung something at plaintiff, causing plaintiff to feel a "splash." Id. Okitapoy then rushed at plaintiff, grabbed himby the jumpsuit, and head butted him. Id. ¶ 55. Plaintiff fell straight back and hit his head on the bunk bed and floor. Id. Plaintiff testified that he may have been "knocked out" temporarily and felt "dizzy." Pl. Dep. 105. When plaintiff revived, he saw that Okitapoy was on top of him and that plaintiff's right foot was facing backwards. Id. at 105-07. Plaintiff testified that Okitapoy was not hitting him but was holding plaintiff's jumpsuit so that plaintiff could not move. Id. at 107. Plaintiff testified that he did not feel pain at this time and only felt pain later when officers pulled Okitapoy off of him. Id.

The record does not clearly establish how long it took for the officers to intervene. Plaintiff testified that he heard other inmates in the unit calling for officers to come and assist. Id. at 108. Plaintiff testified that he may have been knocked out for about two or three minutes, then after he revived and found Okitapoy on top of him, it took about eight minutes for officers to enter his cell. Id. at 110. He also testified that he saw an officer at the window of the cell telling Okipatoy to get off him, then, about five minutes later, four or five officers entered the cell wearing "riot gear" and carrying shields and batons. Id. at 111-12. Plaintiff testified that after the officers entered the cell, it took about three minutes for them to pull Okipatoy off plaintiff. Id. at 113. For their part, Senior Officer Joseph Manuel and Senior Officer M.B. Cole reported that they responded to the cell, heard screaming, and saw Okitapoy on top of plaintiff holding him down. Webb Decl., Ex. 2-3. The officers called for assistance and waited for Lieutenant Webb and other staff members to arrive. Id. Manuel testified that it would have taken no more than a minute and a half for officers to arrive at the scene. Silverman Decl., Ex. D, Dep. of Joseph Manuel ("Manuel Dep.") 15-16. Webb asserted that he responded to the incident as soon as he heard about it on the radio and that it would have taken him less than three minutes to get to plaintiff's cell, even from the farthest point on the FDC Oakdale grounds. Webb Decl. ¶¶ 28-29,31. Webb stated that once he arrived on the scene, he waited for enough staff members to arrive before ordering that they enter the cell. Id. at ¶ 31.

It is undisputed that once the officers entered the cell, they pulled Okitapoy off plaintiff, restrained both plaintiff and Okitapoy, and sent both of them for medical assessment. Def.'s Facts ¶¶ 65-66. Around 8:45 a.m., staff at the SHU assessed plaintiff's injuries and provided treatment, then moved him to FDC Oakdale's Health Services Unit for further treatment. Id. ¶ 67. An ambulance then took plaintiff to a local hospital for further evaluation and treatment of an injury to his right leg. Id. According to hospital records, doctors diagnosed plaintiff with fractures in his right leg and performed surgery. Ugwonali Decl., Ex. 7. When plaintiff returned from the hospital to FDC Oakdale, he was placed in a cell by himself and was no longer housed with Okitapoy. Pl. Dep. 80.

III. Plaintiff's FTCA Claim

Plaintiff was deported to his native country of Trinidad in November 2009 and returned to the United States on May 18, 2011. Def.'s Facts ¶ 2. After plaintiff returned to the United States, while he was in federal immigration custody at LaSalle Detention Facility ("LaSalle") in Louisiana, he filed a claim with the federal government regarding the injuries he sustained at FDC Oakdale. Pl. Dep. 139-40.

Plaintiff filed his claim by filling out a "Claim for Damage, Injury, or Death, Standard Form 95" ("SF 95"). Ugwonali Decl., Ex. 9. On the form, plaintiff stated that his claim concerned an incident that occurred on August 4, 2009, at 10:45 a.m. Id. Section 8 of the form, labeled "Basis of Claim," instructs claimants to "[s]tate in detail the known facts and circumstances attending the damage, injury, or death, identifying persons and property involved,the place of occurrence and the cause thereof." Plaintiff's response to this section, in full, consisted of the following statement:

[P]ain and suffering $10,000.00 dollars per day. Psycological [sic] trauma "mentally and emotionally punitive damages" $10,000.00 per day, Negligent in ICE security custody. $10,000.00 per day, occurred at F.D.C. P.o. Box 5010, Oakdale, la 71463.

Id. In the section of the form labeled "State the nature and extent of each injury or cause of death, which forms the basis of the claim," plaintiff wrot...