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325 F. Supp. 3d 249
N.D.N.Y.
2018
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Background

  • Plaintiff Lorcen Burroughs, a New York state prisoner, filed a pro se § 1983 complaint arising from events after the June 2015 escape of two inmates; alleges assault, denial of medical care, SHU/keeplock confinement, property loss, religious interference, and retaliation.
  • He initially filed two IFP applications; the first was defective and denied, the second granted; court found no §1915(g) bar.
  • Events occurred at Clinton C.F., Upstate C.F., and Great Meadow C.F.; plaintiff alleges Doe #5 assaulted him (slammed face into gate, threats, tight handcuffs), others failed to intervene or denied care/property.
  • Complaint named 33 defendants and asserted multiple claims (First, Eighth, Fourteenth Amendments; conspiracy; state torts; violations of DOCCS directives); many defendants were unnamed John/Jane Does.
  • The court conducted initial screening under 28 U.S.C. §§ 1915(e)(2) and 1915A and dismissed numerous claims and many named defendants for failure to state a claim, but allowed a limited set of claims to proceed.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
IFP status and fees Burroughs sought to proceed IFP DOCCS procedural requirements initially not met Second IFP application granted; first denied as incomplete
Excessive force (Doe #5) Doe #5 slammed plaintiff's face into a gate, threatened him, handcuffed tightly causing cuts and concussion Defendants argued (implicitly) conduct insufficiently pleaded or justified by security needs Excessive-force claim against Doe #5 survives initial screening and must be answered
Failure to protect (Doe #6, Woods) Doe #6 and Woods observed or were present and failed to intercede Defendants argued absence of personal involvement or knowledge Failure-to-protect claims against Doe #6 and Woods survive initial screening
Deliberate medical indifference (Nurse Fitzgerald & others) Medical staff and some non-medical officers denied or delayed treatment for injuries Medical records and visit documented; plaintiff’s allegations insufficient to show serious need or deliberate indifference Claim against Fitzgerald and most non-medical staff dismissed; claim against Nurse Doe #3 (who allegedly ignored bloody, non-speaking plaintiff) survives
Conditions of confinement / SHU & keeplock due process Plaintiff alleges denial of clothing, hygiene, water/toilet, commissary, and untimely/coerced disciplinaries Defendants argued deprivations were temporary, not "atypical and significant," and state post-deprivation procedures exist Conditions and procedural due process claims dismissed for failure to plead atypical/significant hardship or process violation
Property deprivation (Fourteenth Amendment) Personal property lost/damaged and administrative claim denied Adequate state post-deprivation remedies (Court of Claims, etc.) available Fourteenth Amendment property claims dismissed; state remedies adequate
First Amendment: Religious freedom & speech/association Denial of Koran/prayer rug/Ramadan meal and restrictions on speech/association Alleged incidents were intermittent/de minimis; plaintiff failed to plead sincere, substantial burden or identify personal involvement Religious, speech, and association claims dismissed for failure to plead substantial burden, sincerity, or personal involvement
Retaliation (various defendants) Plaintiff alleges retaliation for complaints/refusal to inform and for grievances (urine tests, false reports, property denials) Many defendants lacked plausible causal connection or knowledge of protected activity; some alleged acts are de minimis or investigative omissions Retaliation claims survive against Doe #3, Doe #4, Doe #5, Doe #6, Doe #7, Woods, Shattuck, and Uhler; retaliation claims dismissed as to several other named defendants for lack of causal facts
Conspiracy and failure-to-investigate Defendants conspired to cover up assault and failed to investigate Allegations are conclusory and lack factual specificity Conspiracy and failure-to-investigate claims dismissed for vagueness and lack of factual support
State-law torts and DOCCS directive violations Negligence, IIED, NIED, and DOCCS-directive violations alleged State remedial schemes or statute of limitations bar or make federal claim inappropriate State-law claims dismissed (some on timeliness or subsumed by federal claims); violations of DOCCS directives not actionable under §1983

Key Cases Cited

  • Bell Atl. Corp. v. Twombly, 550 U.S. 544 (plausibility standard for pleadings)
  • Ashcroft v. Iqbal, 556 U.S. 662 (lawyer-like conclusions not accepted; supervisory liability principles)
  • Hudson v. McMillian, 503 U.S. 1 (excessive force Eighth Amendment analysis)
  • Farmer v. Brennan, 511 U.S. 825 (failure-to-protect and deliberate indifference standard)
  • Estelle v. Gamble, 429 U.S. 97 (deliberate indifference to serious medical needs)
  • Hudson v. Palmer, 468 U.S. 517 (state post-deprivation remedies bar §1983 due process claim for property loss)
  • Sandin v. Conner, 515 U.S. 472 (liberty interest analysis for disciplinary segregation)
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Case Details

Case Name: Burroughs v. Mitchell
Court Name: District Court, N.D. New York
Date Published: Sep 6, 2018
Citations: 325 F. Supp. 3d 249; 2018 WL 4237754; 9:18-CV-0679 (DNH/ATB)
Docket Number: 9:18-CV-0679 (DNH/ATB)
Court Abbreviation: N.D.N.Y.
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