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Slip Opinion
N.D.N.Y.
2020
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Background

  • Pro se plaintiff Anthony D. Amaker filed a complaint arising from events while incarcerated at Bare Hill Correctional Facility alleging violations under § 1983, § 1981, RLUIPA, the ADA, the Rehabilitation Act, and constitutional provisions (First, Eighth, Fourteenth).
  • Key factual allegations: racial/religious harassment on arrival; denial/delay of Ramadan-related meals/services; slip-and-fall in shower on July 30, 2016 causing an injured/dislocated toe; an allegedly false misbehavior report issued after a clinic visit and resulting disciplinary confinement and loss of privileges for 30 days.
  • Plaintiff names numerous DOCCS staff and supervisors (Ranney, Harmon, Coleman, Albert, Flint, Boyd, Benior, Yelich, Phelix, Barton, Russell/John Doe, Willet, Annucci, Bellnier, McCoy) and seeks declaratory, injunctive, and monetary relief.
  • The court screened the complaint under 28 U.S.C. § 1915A and dismissed many claims for failure to state a claim, but allowed limited claims to proceed: (1) First Amendment free-exercise claim against Ranney; (2) First Amendment retaliation claims against Harmon, Coleman, and Albert; and (3) Eighth Amendment deliberate-indifference (medical) claims against Harmon, Coleman, and Albert.
  • The court dismissed injunctive relief as moot because plaintiff was released, dismissed RLUIPA claims for monetary relief against state actors, dismissed ADA/Rehab Act claims against defendants in their individual capacities (with prejudice) and against DOCCS officials in their official capacities without prejudice, and dismissed a range of access-to-courts, mail, due-process, equal-protection, supervisory-liability, and other free-exercise claims for failure to state a claim.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Free-exercise (RLUIPA / First Amendment) Ranney and others interfered with Nation of Islam religious practices (meal timing, distribution, class materials) and denied Ramadan meals Defendants lacked specific, substantial burden allegations; supervisory/causal links not alleged Free-exercise claim against Ranney survives screening; free-exercise/RLUIPA claims otherwise dismissed for failure to state a claim or (RLUIPA monetary relief) as barred against state officers
Retaliation Harmon, Coleman, Albert issued a false injury report/retaliated after plaintiff refused to sign incorrect injury report Defendants argue actions do not plausibly show protected conduct plus causal nexus or are legitimate prison actions Retaliation claims against Harmon, Coleman, Albert survive screening for response
Medical deliberate indifference (Eighth Amendment) Delay/denial of care for dislocated toe and lack of follow-up for knee/back conditions Defendants argue no plausible allegation that they knew of or disregarded serious medical needs for knee/back; facts insufficient for some defendants Medical indifference claims against Harmon, Coleman, Albert re: toe survive; claims regarding knee/back or against other defendants dismissed for failure to state a claim
Access-to-courts / free-flow-of-mail Refusal to pick up/send mail (Russell/John Doe) prevented filing post-conviction motion; incoming mail (religious photos) allegedly withheld Defendants note assertions show at most delay, not actual injury; content/number of mail incidents and causal link not alleged; policies unspecified Access-to-courts and free-flow-of-mail claims dismissed for failure to allege actual injury or ongoing unjustified censorship
Due process (disciplinary hearing) Flint, Boyd and others denied evidence/witnesses and deleted plaintiff's statements at hearing, causing wrongful disciplinary sanction Defendants contend plaintiff received procedural protections and sanctions did not impose atypical hardship; excluded evidence may be nonessential Due-process claims dismissed: 30-day sanction not shown to be atypical; plaintiff failed to show prejudice from procedural omissions
Equal protection / supervisory liability Discriminatory treatment of Nation of Islam and medical denial based on race; supervisors (Annucci et al.) responsible for policies/management failures Defendants argue allegations are conclusory, lack comparators, causal detail, or personal involvement under Colon Equal-protection and supervisory claims dismissed for failure to plead purposeful discrimination or supervisory personal involvement
ADA / Rehabilitation Act Plaintiff alleges disabilities (knee, back, herniated discs, sciatica) and denial of bus services/accommodations Defendants argue plaintiff fails to plead a qualifying disability, notice/request for accommodation, or discriminatory denial; individual-capacity suits barred ADA/Rehab Act claims against defendants in individual capacities dismissed with prejudice; official-capacity claims dismissed for failure to state a claim

Key Cases Cited

  • Bell Atl. Corp. v. Twombly, 550 U.S. 544 (standards for plausibility pleading)
  • Ashcroft v. Iqbal, 556 U.S. 662 (legal conclusions vs. factual allegations; supervisory liability limits)
  • Estelle v. Gamble, 429 U.S. 97 (Eighth Amendment deliberate indifference to serious medical needs)
  • Farmer v. Brennan, 511 U.S. 825 (deliberate indifference standard requires knowledge of substantial risk)
  • Sandin v. Conner, 515 U.S. 472 (liberty interest atypicality inquiry for disciplinary confinement)
  • Wolff v. McDonnell, 418 U.S. 539 (due process protections in prison disciplinary hearings)
  • Cutter v. Wilkinson, 544 U.S. 709 (RLUIPA applicability to prisoners’ religious exercise)
  • Lewis v. Casey, 518 U.S. 343 (right of access to courts requires actual injury)
  • Davis v. Goord, 320 F.3d 346 (prisoners’ First Amendment mail and access-to-courts jurisprudence)
  • Chance v. Armstrong, 143 F.3d 698 (standards for Eighth Amendment deliberate indifference in Second Circuit)
  • Washington v. James, 782 F.2d 1134 (Second Circuit on mail tampering and when few incidents may be actionable)
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Case Details

Case Name: Amaker v. Gerbing
Court Name: District Court, N.D. New York
Date Published: Jan 14, 2020
Citations: 2020 U.S. Dist. LEXIS 5806; 2020 WL 210317; 9:19-cv-01253
Docket Number: 9:19-cv-01253
Court Abbreviation: N.D.N.Y.
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