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256 F. Supp. 3d 154
N.D.N.Y.
2017
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Background

  • Plaintiff Jamel Clark, a DOCCS inmate, sued pro se under 42 U.S.C. § 1983 for events at Shawangunk C.F. in 2014; he sought IFP status and appointment of counsel. The IFP application was granted and counsel request denied without prejudice.
  • Clark alleges multiple disciplinary hearings (Aug–Nov 2014) in which he was denied employee assistants, witnesses, documents, and written dispositions; several convictions led to aggregate SHU time exceeding 300 days, later administratively reversed for four hearings.
  • Clark alleges physical assaults and sexualized touching by corrections officers (notably C.O. DeGraff, C.O. Caramonos, C.O. McElroy, Sgt. Harrison), excessive force while escorted, and threats/harassment; he alleges one inmate-on-inmate assault in September 2014 while C.O. Mets supervised.
  • Clark alleges retaliation by officers for filing grievances (assault and destruction of mattress), inadequate medical care for a separated shoulder by Dr. Lee and missed physical therapy due to escort failures, and cold/poor SHU conditions.
  • The court performed initial review under 28 U.S.C. §§ 1915(e)(2) and 1915A and dismissed some claims (and official-capacity monetary claims) while permitting certain claims to proceed and ordering service on remaining defendants.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
IFP & counsel Clark sought IFP and appointed counsel No dispute on IFP; counsel not necessary yet IFP granted; counsel denied without prejudice
Official-capacity monetary liability Clark seeks damages from supervisory DOCCS officials Eleventh Amendment bars damages against state actors in official capacity Official-capacity damages dismissed with prejudice
First Amendment retaliation Clark claims officers retaliated for grievances (assault, mattress destruction) Defendants would argue absence of causal link or non-retaliatory motive Retaliation claims against C.O. DeGraff and C.O. Caramonos survive review and require response
Eighth Amendment excessive force & failure-to-protect Clark alleges physical assaults by officers and failure to protect from inmate attack Supervisors argue no personal involvement; some officers deny misconduct Excessive force claims survive as to DeGraff, Caramonos, McElroy, Harrison; failure-to-protect against C.O. Mets dismissed for insufficient facts; supervisory excessive-force claims dismissed without prejudice
Conditions of confinement (cold SHU) Clark alleges SHU cell was extremely cold, required constant dressing Defendants would dispute knowledge/deliberate indifference by named supervisors Conditions claim dismissed without prejudice for failure to plead supervisory awareness
Medical care (deliberate indifference) Clark alleges delayed/time-insensitive treatment for shoulder; missed PT due to escorts Dr. Lee lacked knowledge of missed appointments; treatment not deliberately indifferent Medical-care claim against Dr. Lee dismissed without prejudice
Due process at disciplinary hearings Clark alleges denial of assistant, witnesses, evidence, biased officers, and inadequate written findings Defendants would argue some process was afforded and findings supported Due-process claims against multiple hearing officers and supervisors survive and require response

Key Cases Cited

  • Bell Atl. Corp. v. Twombly, 550 U.S. 544 (plausibility standard for pleadings)
  • Ashcroft v. Iqbal, 556 U.S. 662 (conclusory allegations insufficient; supervisory liability limits)
  • Hudson v. McMillian, 503 U.S. 1 (Eighth Amendment excessive-force standard)
  • Farmer v. Brennan, 511 U.S. 825 (deliberate indifference and duty to protect)
  • Wolff v. McDonnell, 418 U.S. 539 (due process protections in prison disciplinary hearings)
  • Sandin v. Conner, 515 U.S. 472 (when disciplinary segregation implicates liberty interest)
  • Colon v. Coughlin, 58 F.3d 865 (2d Cir. supervisory liability framework for prison claims)
  • Polk County v. Dodson, 454 U.S. 312 (no respondeat superior liability under § 1983)
  • Estelle v. Gamble, 429 U.S. 97 (Eighth Amendment deliberate indifference to medical needs)
  • Ortiz v. McBride, 380 F.3d 649 (aggregation and atypicality analysis for SHU confinement)
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Case Details

Case Name: Clark v. Gardner
Court Name: District Court, N.D. New York
Date Published: Jun 22, 2017
Citations: 256 F. Supp. 3d 154; 2017 WL 2691273; 2017 U.S. Dist. LEXIS 140036; 9:17-CV-0366
Docket Number: 9:17-CV-0366
Court Abbreviation: N.D.N.Y.
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