Reid v. Nassau County Sheriff Dept. et al
OPINION & ORDER granting in part and denying in part 36 Motion to Dismiss for Failure to State a Claim; granting in part and denying in part 39 Motion to Dismiss for Failure to State a Claim; granting in part and denying in part 96 Motion to Dismiss for Failure to State a Claim; granting 105 Motion to Compel. SO ORDERED that (1) the branches of the County defts' motions seeking dismissal of (a) all of Reid's Section 1983 claims, (b) the consolidated plaintiffs' Sect ion 1983 claims (i) against Sposato in his official capacity and (ii) alleging deliberate indifference to their medical needs, (c) Cazares's Section 1983 excessive force claim, and (d) the consolidated plaintiffs' state law claims for failu re to serve a notice of claim in accordance with New York General Municipal Law § 50-e are granted and those Section 1983 claims, and all state law claims of the consolidated plaintiffs, are dismissed in their entirety with prejudice pursuant to Rule 12(b )( 6) of the Federal Rules of Civil Procedure, and the County defts' motion is otherwise denied; and (2) the branch of Armor's motion seeking dismissal of the amended complaint against it for Jovany's, A. Torres's and G . Torres's failure to state a plausible Section 1983 claim of deliberate indifference to their medical needs is granted and the amended complaint is dismissed in its entirety with prejudice as against Armor pursuant to Rule 12(b )(6) of the Fede ral Rules of Civil Procedure for failure to state a claim for relief. Pursuant to Rule 77(d)(l) of the Federal Rules of Civil Procedure, the Clerk of the Court shall serve notice of entry of this order, as provided in Rule 5(b) of the Federal Rules of Civil Procedure, upon each party remaining in this action and record such service on the docket. CM to pro se plaintiffs. Ordered by Judge Sandra J. Feuerstein on 8/20/2014. (Florio, Lisa)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
IN CLERK'S OFFICE
U S DISTRICT COURT E D N Y
DWAYNE M. REID, eta!.,
AUG 2 0 Z014
LONG ISLAND OFFICE
NASSAU COUNTY SHERIFF'S DEPARTMENT,
OPINION & ORDER
FEUERSTEIN, District Judge:
Pursuant to a February 13,2012 order entered in Anderson, et al. v. Sposato, et al., IICV -5663 (SJF)(WDW) ("the Anderson case"), over one hundred (I 00) separate prose
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 II, 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 prose plaintiffs who filed complaints in this
Court against the Nassau County Sheriff's Department ("NCSD"i; Michael Sposato ("Sheriff
Sposato"), individually and in his official capacity as Sheriff of Nassau County; "John Doe,"
Four (4) other individuals, Kevin Lee Benloss ("Benloss"), Nelson Herrera ("Herrera"), Johans
Cabrera ("Cabrera") and Daquan Wagner ("Wagner"), also filed complaints that were
consolidated with this action, but their claims have subsequently been dismissed.
With respect to the complaints at issue on this motion, only plaintiff Dwayne M. Reid ("Reid")
names the NCSD as a defendant.
Superintendent of the NCCC ("the Superintendent")'; and/or the County of Nassau ("the
County") , near or after the expiration of several discovery deadlines set forth in the Scheduling
Order. On or about June I I, 2013, three (3) of the consolidated plaintiffs 5 , 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 # I" 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 ofNew 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
Pending before the Court are:(!) 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 of
With respect to the complaints at issue on this motion, only Reid names "John Doe,"
Superintendent of the NCCC, as a defendant.
With respect to the complaints at issue on this motion, all of the consolidated plaintiffs, except
Reid, name the County as a defendant.
A fourth consolidated plaintiff, Cabrera, also jointly filed the amended complaint. However,
by order dated December 18,2013, Cabrera's motion to "withdraw voluntarily" from this
consolidated action was granted and his claims were dismissed in their entirety without prejudice
pursuant to Rule 4l(a) of the Federal Rules of Civil Procedure.
Jovany, A. Torres and G. Torres• pursuant to Rule 12(b)(6) of the Federal Rules of Civil
Procedure for failure to state a claim for relief'; 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:
"Unsanitary conditions, abestos [sic], black mole [sic] all over the
jail, toilets flush bodily waste into one toilet from another, the
guard [sic] fail to give us proper cleaning supplies for the cell,
infested with bed bugs, rodent and lack of medical attention. Cells
are very cold. I have a rash on the bottom of my left foot that I
have caught in here in Sept. I've been going to medical but it's
still on my foot (rash)."
(Complaint ["Compl."], 'lf IV). For injuries, Reid claims that he has "a rash on the bottom of
Reid, Delosrios, Cazares, Jackson, Jovany, A. Torres and G. Torres will collectively be
referred to herein as "the consolidated plaintiffs."
The County defendants also sought dismissal of the complaints filed by Benloss, Wagner and
Cabrera. However, by order dated April 9, 2014, inter alia, Benloss' s and Wagner's claims were
dismissed in their entirety with prejudice pursuant to Rules 37(b)(2)(a)(v) and 41(b) of the
Federal Rules of Civil Procedure for, inter alia, their failure to comply with a January 13,2014
order ofthis Court. The April 9, 2014 order also dismissed Cazares's claims. However, by letter
dated April 21, 2014, Cazares subsequently sought to have his claims reinstated. Since Cazares
has shown good cause for his failure to comply with this Court's January 13, 2014 order, his
motion, (Doc. No. 105), is granted and his claims in this consolidated action are reinstated,
except to the extent otherwise dismissed herein.
[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., 'l) 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., 'l) 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., 'l) IV). Delosrios also contends: (I) 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., 'l) 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., 'II 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., 'If IV(A)). Delosrios seeks "injunctive relief and monetary
[d]amages in the amount of $20 million dollar [sic] in compensatory [d]amages, and $20 million
dollars in punitive damages * * * ." (Compl., 'If V).
Like Delosrios, Cazares contends: (I) that he has been "subjected to an unsanitary
housing unit on E2-B for over 6 Y, 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., 'If 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,
(illj; (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 these
problems* * *." (Compl., ~IV). (lih) 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: (I) 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[,]" (k!); 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." (lib)
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 encrusted
with urine and human feces and toilet not working properly[,]" (I4,); (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[,]" (ll!J; ( 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
* * *."
ilib) In addition, Jackson
alleges that "[d]uring the night time [he] was bitten by a mice [sic], when [he] 'reached' into his
[c]ommissary bag, to grab some cookies[,]" as a result of which he "received medical treatment
that consist [sic] of a shot with a needle." (Id.) According to Jackson, he "made a formal
complaint to Defendants about this matter, and Defendants refuse [sic] to investigate* * *." (Id.)
For injuries, Jackson claims that he sustained an "[i]nfection on his [l]egs and [a]rms,
[b]itten by mice on fingers, treatment received was a shot with a needle, and treatment of pills."
(Compl.,, IV(A)). Jackson seeks "injunctive relief and [m ]oney [d]amages in the amount of$20
million dollars, in [c]ompensatory [d]amages, and $20 million dollars in punitive [d]amages
*." (Compl.,, V).
Jovany "has been detained [in the NCCC] since May of2011." (Amended Complaint
("Amend. Compl."], 'l[9). G. Torres "has been detained in the NCCC since November of2012"
and was "awaiting sentence" at the time that the amended complaint was filed. (Amend. Compl.,
'lfll). A. Torres "has been detained in the NCCC since March, 2013." (Amend. Compl., 'l[12).
In their amended complaint, Jovany, A. Torres and G. Torres allege, inter alia, that
inmates at the NCCC, including themselves: (I) "are subjected to inhumane conditions that have
pose (sic] unreasonable and substantial risk to*** [their] health[,]" (Amend. Compl., 'l[l); (2)
"are force [sic] to live in the amidst [sic] of filth, overflowing backups of sewage of stilled water
in showers, cells with chipped peeling paint, dried human fecal matters and foods encrusted on
walls, ceiling, poor ventilation, inadequate cleaning supplies, insect and rodent populations, sinks
and toilets in cells don't work properly, cells that are too cold, poorly prepared, unsanitary and
unwholesome meals, water leaking ceilings, [i]nadequate medical treatment, * * * [and] [c]ooks
not following illness inmates [sic] and plaintiffs [sic] diet meals or State provided nutritionally
[sic] guidelines[,]" (id.); (3) "lack access to Safe Foods, proper medical diets, as well as basic
necessities such are (s]anitary and properly (f]unctioning sinks, toilets, and showers, rodents, and
insects invade** * [their]living areas and [c]ontaminate [their] foods[,]" (Amend. Compl., 'lf2);
(4) "sleep in freezing cells" in the winter and "attempt to fight off the cold cells with a single
worn blanket[,]" (id.); (5) are housed in "unsanitary" cells with toilets and "poor ventilation,"
(Amend. Compl., 'l[21); (6) "are force [sic] to live in [s]qualid unhygienic and hazardous living
conditions that pose a substantial and ongoing risk to [their] physical and mental health(,]" (id.);
(7) "are subjected to cells with [a] chipped peeling paint on walls believed to obtain [sic]led
[sic],** * (b] walls*** encrusted with human feces stains, [c] toilet and sinks* **[that] are
very out-dated and don't work properly, * * * [d] toilet seats [that] have accrued filth over time,
as a result of the frequent waste, [which] has caused [them] to suffer from rashes on their
buttocks, and infections[,]* * * [e] no ventilation[,]*** [f) air-ducts [that] are clogged with
rust and mold, and* * * [g] windows [that] are 'sealed shut[,]'" (id.); (8) "are subjected to
numerous [c]ockroaches [c]rawling everywhere, including biting [them] on their 'arms and faces'
at night, causing [them] infections on their bodies[,]" (Amend. Compl., ~ 22); (9) "have to deal
with active infestation of mice's [sic], that run around during the night* * * [and] eat [their]
foods [sic] purchase[d) from [the] [c]ommissary[,]" (Amend. Compl., ~ 23); (10) "have
numerous mice feces inside the only drinking cup that are giving to them[,] * * * [which]
'obsord' [sic] the mices [sic] feces that carry disease and harmful parasites or even hepatitis to
add more serious conditions to [their] health[,]" (ill); (1 I) are "being served unhealthy,
unsanitary foods * * * infested with insects and mice droppings[,]" (Amend. Compl., ~ 24; see
also id., ~ 35); (12) "are being underfed, and the food quanitity [sic] and quality** *has [sic]
been 400 [c ]alories each day, below the nationally recommended based 2000 [c ]alories diet
allowance for [them]***, [which] has subjected [them] to contract severe migraines [sic]
headaches, dizzy spells, and during the night time, stomach ache and pains[,]" (ill,); (13) "are
subjected to showers, that are [c]over [sic] in black mole [sic], mildew, stilled water of sewage
backups on the flooring shower drains, that are frequently clogged and subjected [them] to
contract severe fungal infection [sic] on their feets [sic][,]" (Amend. Compl.,
25); and (14)
"live in very cold temperature in cells, during the winter months * * * [,]" as a result of which
they '"must' wear all of their County issuing [sic] clothing, a pair of socks on their hands and a
towel wrap [sic] around [their] faces, to protect from the cold[,]" which "disrupts* * * [their]
sleeping patterns" and causes them "stress[,]" (Amend. Compl.,
27). In addition, A. Torres
alleges that due to her age, she "is housed in NCCC, similar to an 'SHU unit,' that include [sic]
being subjected in the 'woman unit,' to human waste in the showers, constant intense noise,
resulting from deranged screaming inmates and noxious odors throughout the day." (Amend.
Jovany, A. Torres and G. Torres allege that the County defendants: (1) "have known
about the appalling un-[s]anitary [sic] [c]onditions and [p]oor medical treatment in the NCCC
after numerous [c]omplaints from plaintiffs as well as other-inmates [sic] including State
Official's [sic], but * * * have failed to make reasonable efforts to remedy these * * *
conditions[,]" (Amend. Campi.,
5; see id., ~51 ["These complaints were brought to the
attention of Sposato from Plaintiffs as well as other inmates, who [sic] Sposato refused to take
any action to correct the situation."]; id., ~52 ["The County of Nassau and Sposato knew of the
unsanitary conditions, showed disregard for the health, welfare or human rights of plaintiffs as
well as other inmates, and was aware of the type of treatment the plaintiffs [sic] and other
inmates were receiving at the NCCC."]); (2) have ignored their "numerous complaints about the
conditions of the showers* * * and have not fixed the showers* * *[,]"(Amend. Compl., ~ 25);
(3) have refused or ignored their requests for adequate cleaning supplies "to remove the mold" on
the showers, (Amend. Campi.,~ 26), and "to try to remove the human encrusted [f]eces on walls
in cells and clean the toilets in cells, including mold * * * [,]" (Amend. Compl., ~ 28), and
"instead, hand [them] a bar of soap called Corcraft, an ineffective cleaning solutions [sic][,]"
(Amend. Compl., ~ 26), "without any gloves* **and an old rag[,]" (Amend. Compl., ~ 28); (4)
have not provided Jovany with "his proper vegetarian diet meals, prescribe [sic] by Doctor's
[sic][,]" (Amend. Campi.,~ 35), "intentionally serve [him] 'meats' inside of his meals
throughout the day(,]" @,), and have provided "no remedy" to him despite his "numerous
grievances," @,); (5) have "a history of sanitation problems in the NCCC(,]" (Amend. Compl., 'If
37); and (6) "either ratified these acts or condoned them to such a degree, that they became part
of the policy, custom, practice, and procedures of the County and Sposato, * * * [which] violated
the plaintiffs (sic] herein mentioned rights of the Constitutional (sic][,]" (Amend. Compl., 'If 53).
Jovany, A. Torres and G. Torres allege that Armor, inter alia:(!) "is failing to follow its
own policies,*** ignores signs of mental illness* **[,]and fail(s] to treat (their] illness
related issues(,]" (Amend. Compl., 'If 29); (2) has engaged in a "repeated and systemic failure in
the provision of health care service to (them] and other inmates in NCCC, with very serious
mental disorders, including such basic inadequacies as failure to take a complete medical history,
failure to keep adequate records, failure to see (them] * * * suffering from seeming mental crises,
failure to diagnose medical conditions of inmates, failure to prescribe proper medication, and
significant delay in providing any medical treatment service to (them]***[,]" (id.); (3) "for over
a 'year and present' * * *has failed to take any measurement (sic] to investigate or treat
(Jovany's] medical problem (i.e., an "infection on his head"], that have (sic] caused [him] a
serious head infection, that requires surgery(,]" (Amend. Compl., 'If 31) (emphasis omitted); (4)
has taken "no action" on Jovany's "numerous sick call request(s]" or the grievance he filed
"toward this matter(,]" (iQJ; (5) has ignored A. Torres's "signs of mental illness," "sick call
request slips" and complaints "about serious medical problems in the form of mental disorders
and not receiving her prescribed medication for months" and "fail(ed] to treat (her] properly(,]"
as a result of which she "is suffering from significant mental problems without proper medical
care(,]" (Amend. Compl., 'If 33); and (6) has refused to "look into" G. Torres's complaints of
"serious knee pains, that consisted of a swollen knee, and shoulder pain," or examine his knee or
shoulder, as a result of which he has been subjected "to severe 'swollen knee' and shoulder pains
* * *[,]"(Amend. Compl., ~ 34).
Jovany, A. Torres and G. Torres allege that they and other inmates at the NCCC "suffer
from [c]hronic ailments, including persistent and recurring digestive issues, mental issues,
stomach pains, skin and head infections, rashes, severe migrain [sic] headaches and dizzy spells
* * * are at current and ongoing risk of suffering from more serious ailments in the future[,]"
as a result of the "poor conditions and health care at the NCCC." (Amend. Compl., ~ 3; see
also id, ~ 13 ["Plaintiffs * * * as well as other inmates * * * suffered intestinal illness, skin
rashes, infection on their heads, infections on their buttocks, fungal infections, headaches, poor
medical care, unsanitary foods, improper health food diets for medically ill plaintiffs and mental
disordered [sic]."]; id., ~ 35 ["Defendants** *have subjected [Jovany] to be underfed, that have
caused [him], severe migraine headaches, and dizzy spells, including stomach ache and pains
during the night throughout each day and present * * *. "]). The amended complaint asserts two
(2) causes of action pursuant to Section 1983 for violations of Jovany's, A. Torres's and G.
Torres's due process rights under the Fourteenth Amendment to the United States Constitution
and right to be free from cruel and unusual punishment under the Eighth Amendment to the
United States Constitution (first and second causes of action, respectively), as well as state law
claims for violations of their due process rights under the New York State Constitution (third
cause of action) and for "negligence and ministerial negligence" (fourth cause of action).
(Amend. Compl., ~~ 54-61). Jovany, A. Torres and G. Torres seek, inter alia: (I) injunctive
relief "in the form of an appropriate remedial order to improve the [c]onditions in the NCCC, to
meet minium [sic] Constitutionally acceptable [s]tandards," (Amend. Compl., 'l) 5), and
"enjoin[ing] [d]efendants, and their successors, from subjecting [them] and other inmates in the
NCCC to unsanitary, unhealthy, and unsafe conditions, and requir[ing] that a remedy be
formulated, subject to Court's approval and modification, if necessary, to end the inhumane
conditions described herein at the NCCC[,]" (Amend. Compl. at 22-23); (2) judgment declaring
that "subjecting [them] to the conditions described [in the amended complaint] violates the
Eighth and Fourteenth Amendments to the United States Constitution and the Due Process
Clause of the New York State Constitution, [and constitutes] negligence and ministerial
negligence, which directly and proximately caused the violating [sic] under New York State
laws[,]" (Amend. Compl. at 22); and (3) "money damages to redress Defendants [sic] violations
of [their] rights under the Eighth and Fourteenth Amendments to the United States Constitution
and the Due Process Clause of the New York State Constitution." (Amend. Compl., 'l) 5; ~also
id., 'l) 14 ["Plaintiffs • • • sues [sic] for injunctive relief, declaratory relief, [c]ompensatory
damages and punitive damages."]; at 23 [seeking an award of compensatory damages, punitive
damages and "damages for the denials of [their] right to be free from cruel and unusual
punishment and right to due process."]).
Standard of Review
The standard of review on a motion made pursuant to Rule 12(b)(6) of the Federal Rules
of Civil Procedure is that a plaintiff plead sufficient facts "to state a claim for relief that is
plausible on its face." Bell Atlantic Com. y. Twombly, 550 U.S. 544, 127 S. Ct. 1955, 1974, 167
L. Ed. 2d 929 (2007). "A claim has facial plausibility when the plaintiff pleads factual content
that allows the court to draw the reasonable inference that the defendant is liable for the
misconduct alleged." Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S. Ct. 1937, 1949, 173 L. Ed. 2d
868 (2009). The plausibility standard requires "more than a sheer possibility that a defendant has
acted unlawfully." Iqbal, 556 U.S. at 678, 129 S. Ct. 1937.
The pleading of specific facts is not required; rather a complaint need only give the
defendant "fair notice of what the
* * * claim is and the grounds upon which it rests." Erickson
v. Pardus, 551 U.S. 89, 127 S. Ct. 2197,2200, 167 L. Ed. 2d 1081 (2007). "A pleading that
offers 'labels and conclusions' or 'a formulaic recitation of the elements of a cause of action will
Iol2l!J, 556 U.S. at 678, 129 S. Ct. 1937 (quoting Twombly, 550 U.S. at 555, I27 S. Ct.
1955). "Nor does a complaint suffice if it tenders 'naked assertion[s]' devoid of'further factual
enhancement."' Id. (quoting Twombly, 550 U.S. at 557, I27 S. Ct. 1955). "Factual allegations
must be enough to raise a right to relief above the speculative level, on the assumption that all the
allegations in the complaint are true (even if doubtful in fact)." Twombly. 550 U.S. 544, I27 S.
Ct. at I 959.
In deciding a motion pursuant to Rule 12(b)( 6), the Court must liberally construe the
claims, accept all factual allegations in the complaint as true, and draw all reasonable inferences
in favor of the plaintiff. See Aegis Ins. Services. Inc. v. 7 World Trade Co .. L.P., 737 F.3d I66,
I 76 (2d Cir. 20I3); Grullon v. City of New Haven. 720 F.3d 133, 139 (2d Cir. 2013). However,
this tenet "is inapplicable to legal conclusions. Threadbare recitals of the elements of a cause of
action, supported by mere conclusory statements, do not suffice." Iqbal, 556 U.S. at 678, I29 S.
Ct. I937. "While legal conclusions can provide the framework of a complaint, they must be
supported by factual allegations." Id. at 679, 129 S. Ct. 1937. "In keeping with these principles
a court considering a motion to dismiss can choose to begin by identifYing pleadings that,
because they are no more than conclusions, are not entitled to the assumption of truth." Id.; see
also Ruston v. Town Board for Town of Skaneateles, 610 F.3d 55,59 (2d Cir. 2010).
Nonetheless, a plaintiff is not required to plead "specific evidence or extra facts beyond
what is needed to make the claim plausible." Arista Records, LLC v. Doe 3, 604 F.3d 110, 120-1
(2d Cir. 2010); see also Matson v. Board of Education of City School District ofNew York. 631
F.3d 57,63 (2d Cir. 2011) ("While a complaint need not contain detailed factual allegations, it
requires more than an unadorned, the defendant-unlawfully-harmed-me accusation." (internal
quotations and citation omitted)). "When there are well-pleaded factual allegations, a court
should assume their veracity and then determine whether they plausibly give rise to an
entitlement to relief." Iqbal, 556 U.S. at 679, 129 S. Ct. 1937.
The Court must limit itself to the facts alleged in the complaint, which are accepted as
true; to any documents attached to the complaint as exhibits or incorporated by reference therein;
to matters of which judicial notice may be taken; or to documents upon the terms and effect of
which the complaint "relies heavily" and which are, thus, rendered "integral" to the complaint.
Chambers v. Time Warner. Inc., 282 F.3d 147, 152-53 (2d Cir. 2002); see also ASARCO LLC v.
Goodwin, -FJd - . 2014 WL 2870117, at • 5 (2d Cir. June 25, 2014).
Section 1983 Claims
The County defendants contend that the consolidated plaintiffs "must identifY the specific
constitutional rights allegedly infringed upon* • • [and,] "[a]ccordingly, [they] have not pleaded
allegations sufficient to constitute claims under Section 1983." (County Defendants'
Memorandum of Law in Support of Motion pursuant to Fed. Civ. P. Rule 12(b) regarding, inter
alia, Reid, Delosrios, Cazares and Jackson ("County Mem. I"], at 9; County Defendants'
Memorandum of Law in Support of Motion pursuant to Fed. Civ. P. Rule 12(b) regarding, inter
alia, Jovany, A. Torres and G. Torres ["County Mem. II"], at 8-9).
Section 1983 of Title 42 of the United States Code provides, in relevant part:
[e ]very person who, under color of any statute, ordinance,
regulation, custom, or usage, of any State ... subjects, or causes to
be subjected, any citizen of the United States ... to the deprivation
of any rights, privileges, or immunities secured by the Constitution
and laws, shall be liable to the party injured.
42 U.S.C. § 1983. To state a claim under Section 1983, a plaintiff must allege (I) that the
challenged conduct was "committed by a person acting under color of state law," and (2) that
such conduct "deprived [the plaintifi] of rights, privileges, or immunities secured by the
Constitution or laws of the United States." Cornejo v. Bell, 592 F.3d 121, 127 (2d Cir. 2010)
(citing Pitchell v. Callan, 13 F.3d 545, 547 (2d Cir. 1994)); see also Rehberg v. Paulk,--- U.S.
----, 132 S. Ct. 1497, 1501-02, 182 L. Ed. 2d 593 (2012).
Prison officials have a duty, imposed under either the Eighth Amendment with respect to
convicted prisoners or the Due Process Clauses of the Fifth and Fourteenth Amendments with
respect to pretrial detainees in federal custody and state custody, respectively ,8 to "ensure that
With the exception of G. Torres, who indicates that he was "awaiting sentence" at the time that
the amended complaint was filed, none of the other consolidated plaintiffs indicate whether they
are convicted prisoners or pretrial detainees. However, the same "deliberate indifference"
standard applies to claims challenging prison conditions regardless of whether the claim is
brought under the Eighth Amendment or the Due Process Clauses of the Fifth and Fourteenth
Amendments. See Caiozzo v. Koreman, 58! F.3d 63, 70-1 (2d Cir. 2009); lll
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