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138 F. Supp. 3d 182
N.D.N.Y.
2015
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Background

  • Pro se plaintiff Lor-cen Burroughs, a New York State prisoner, filed a § 1983 complaint alleging numerous constitutional violations by ~70 DOCCS staff across Coxsackie, Downstate, and Orleans C.F.s; he sought IFP status which was granted.
  • Allegations include sexualized verbal conduct by CO Petrone, false misbehavior reports, retaliation for filing grievances (loss of showers/phones, confiscation of property), excessive force (handcuffing, assaults by CO McKeown), denial of medical care, mail and FOIL interference, and due-process defects in disciplinary hearings.
  • The complaint was sparse on specific factual detail for many allegations but did include disciplinary records, grievances, and some medical/photographic evidence as exhibits.
  • Court screened the complaint under 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b), dismissing numerous claims for failure to state a claim while allowing a limited set of claims to proceed.
  • Claims that survived initial review and will be served: (1) retaliation via false misbehavior reports by Stetz, Mellet, and McKeown; (2) retaliation based on confiscation/denial of property by Stetz, Mellet, K. Baldwin, and Morris; (3) supervisory retaliation claim against Commissioner Fischer relating to Petrone; (4) excessive-force claims against McKeown (April 1 and April 12, 2013 incidents); and (5) failure-to-protect claims against John Doe #1 and Melendez for the April 2013 strip-frisk/transport incidents.
  • The court dismissed (with prejudice and/or without prejudice as appropriate) many other claims (e.g., mere verbal harassment, isolated mail/FOIL interference, numerous supervisory and conspiracy claims) and flagged statute-of-limitations issues for events before July 23, 2012.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Verbal threats/harassment (Eighth Amendment) Burroughs says staff threatened and harassed him repeatedly Defendants argue verbal abuse alone is not actionable Dismissed — verbal harassment alone insufficient under § 1983
Sexual harassment by CO Petrone (Eighth Amendment) Petrone masturbated in plaintiff's presence and made sexual threats Defendants note no physical contact or injury alleged Dismissed without prejudice — isolated verbal/visual sexual conduct insufficient to state Eighth Amendment claim
False misbehavior reports/false testimony Burroughs alleges officers filed false reports and offered false testimony in hearings Defendants argue false reports alone do not automatically create § 1983 liability Some claims dismissed; retaliation-based false-report claims against Stetz, Mellet, McKeown survive and require response
Retaliation for grievances (First Amendment) — showers/phone Burroughs alleges denial of showers/phone was retaliatory Defendants stress de minimis nature and lack of specifics Dismissed — isolated denials of showers/phone too minimal or inadequately pleaded
Retaliation — confiscation of property Burroughs claims property was seized in retaliation for grievances Defendants argue insufficient causal/allegation detail for many incidents Survived as to Stetz, Mellet, K. Baldwin, Morris — retaliation/confiscation claims require response
Excessive force — handcuffs and assaults (Eighth Amendment) Burroughs alleges overly tight handcuffs, a violent arm/shoulder manipulation and being slammed during strip-frisk Defendants argue injuries were minor or lack specificity Tight-handcuff claims dismissed for most defendants (no prolonged injury); but excessive-force claims against McKeown (April 1 & April 12 incidents) survived
Failure to protect from assault Burroughs says staff ignored threats and incitement to assault by other inmates/officers Defendants argue lack of presence/opportunity to intervene or lack of resulting harm Failure-to-protect claims mostly dismissed, but claims against John Doe #1 and Melendez (present at strip-frisk) survived
Due process in disciplinary hearings (Fourteenth Amendment) Burroughs alleges denial of witnesses, employee assistant, and false testimony Defendants argue Sandin limits, lack of atypical hardship or prejudice from procedural errors Many due-process claims dismissed for failure to plead atypical/ significant hardship or prejudice; one-year SHU sentence triggered plausible liberty interest but plaintiff failed to allege hearing prejudice adequately, so related process claims dismissed

Key Cases Cited

  • Bell Atl. Corp. v. Twombly, 550 U.S. 544 (pleading standard requires plausibility)
  • Ashcroft v. Iqbal, 556 U.S. 662 (courts need not accept legal conclusions; plausibility standard)
  • Boddie v. Schneider, 105 F.3d 857 (2d Cir. 1997) (sexual abuse by corrections officer can violate Eighth Amendment)
  • Crawford v. Cuomo, 796 F.3d 252 (2d Cir. 2015) (intentional sexual contact by officer with inmate’s intimate areas violates Eighth Amendment)
  • Hudson v. Palmer, 468 U.S. 517 (unauthorized intentional deprivation of property does not violate federal due process if adequate state post-deprivation remedies exist)
  • Farmer v. Brennan, 511 U.S. 825 (deliberate indifference standard for Eighth Amendment medical/protective claims)
  • Hudson v. McMillian, 503 U.S. 1 (use of excessive force analysis under Eighth Amendment)
  • Wolff v. McDonnell, 418 U.S. 539 (minimum due process rights in prison disciplinary hearings)
  • Sandin v. Conner, 515 U.S. 472 (liberty interest analysis for SHU confinement)
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Case Details

Case Name: Burroughs v. Petrone
Court Name: District Court, N.D. New York
Date Published: Oct 15, 2015
Citations: 138 F. Supp. 3d 182; 2015 U.S. Dist. LEXIS 142732; 2015 WL 6066319; No. 9:15-CV-0818 DNH/ATB
Docket Number: No. 9:15-CV-0818 DNH/ATB
Court Abbreviation: N.D.N.Y.
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