368 F. Supp. 3d 729
S.D. Ill.2019Background
- Pro se plaintiff B. Braxton/Obed-Edom, a gender non-conforming LGBT pretrial detainee at the Manhattan Detention Center (Nov 2015–Apr 2016), alleged repeated requests for protective housing and was later sexually assaulted while housed in the general population.
- Plaintiff sent multiple letters, emails, and grievances over five months to MDC/BOC officials (including Ponte, Moses, and King) and called 311 to report safety concerns; an attorney (Wilker) also emailed BOC members (including Martinez, Chai, Glover) about the Transgender Housing Unit (THU) application.
- Plaintiff's THU application was denied in January 2016 and Plaintiff was not transferred to protective housing prior to the alleged assault.
- Plaintiff sued under 42 U.S.C. § 1983 and the Eighth and Fourteenth Amendments for failure to protect, municipal liability, equal protection, and state-law negligence; defendants moved for judgment on the pleadings under Rule 12(c).
- Magistrate Judge Aaron recommended: dismiss claims against Martinez, Chai, and Glover; permit claims against Ponte, Moses, and King to proceed; deny dismissal of § 1983 claim against the City; dismiss equal protection claim; dismiss municipal negligence claims for failure to plead a timely notice of claim; permit individual-capacity negligence claims to proceed.
- District Judge George B. Daniels adopted the Report and Recommendation in full, granting the motion in part and denying in part consistent with the Magistrate Judge's recommendations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Failure to protect / deliberate indifference by supervisory officials | Ponte, Moses, King were notified repeatedly and failed to place Plaintiff in protective housing or take reasonable steps | Defendants argued insufficient personal involvement and that they reasonably responded to complaints | Denied dismissal as to Ponte, Moses, King — factual questions on notice and response preclude dismissal |
| Qualified immunity for individual defendants | Plaintiff alleges facts showing defendants acted with deliberate indifference despite notice | Defendants asserted qualified immunity and moved to dismiss on that basis | Denied without prejudice — immunity cannot be resolved at pleading stage given alleged facts |
| Liability of Martinez, Chai, Glover (BOC members) | Plaintiff relied on Wilker's emails and general notice to BOC members | Defendants argued these officials responded to Wilker and did not ignore or cause the harm | Granted — claims dismissed as complaint shows responsiveness, not deliberate indifference |
| Municipal liability under § 1983 (City) | City had no effective policy to protect vulnerable inmates; failure to train and customs led to violation | City moved to dismiss municipal claims | Denied — allegations of custom/failure to train and policymaker inaction sufficient to survive pleading stage |
| Equal protection claim | Plaintiff alleged discrimination based on LGBT status | Defendants argued plaintiff failed to allege similarly situated comparators or disparate treatment | Granted — equal protection claim dismissed for lack of allegations about similarly situated persons |
| State-law negligence against City/County | Plaintiff asserted negligence in housing decisions leading to harm | Defendants argued plaintiff failed to file required notice of claim under NY law | Granted dismissal of municipal negligence claims for failure to plead notice of claim; individual-capacity negligence claims not dismissed |
Key Cases Cited
- Ashcroft v. Iqbal, 556 U.S. 662 (2009) (pleading standard requiring factual allegations plausibly showing entitlement to relief)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007) (plausibility pleading standard)
- Farmer v. Brennan, 511 U.S. 825 (1994) (Eighth Amendment deliberate indifference standard re: inmate safety)
- Nielsen v. Rabin, 746 F.3d 58 (2d Cir. 2014) (deliberate indifference requires subjective awareness of substantial risk)
- Colon v. Coughlin, 58 F.3d 865 (2d Cir. 1995) (five ways a supervisor can be personally involved under § 1983)
- Connick v. Thompson, 563 U.S. 51 (2011) (limited circumstances where failure to train can be municipal policy)
- Amnesty Am. v. Town of W. Hartford, 361 F.3d 113 (2d Cir. 2004) (municipal liability via actions of authorized policymakers)
- Villante v. Dep't of Corr. of City of New York, 786 F.2d 516 (2d Cir. 1986) (municipal liability for supervisors who fail to act to prevent known risks)
- McKenna v. Wright, 386 F.3d 432 (2d Cir. 2004) (heightened standard for resolving qualified immunity at motion to dismiss)