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Slip Opinion
S.D.N.Y.
2019
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Background

  • Angelo D. Johnson, a pretrial detainee at Sullivan County Jail (arrived Dec. 2016), alleges widespread constitutional violations by Sullivan officials: inadequate medical care, unconstitutional housing conditions, failure to protect from inmate assaults, excessive force, procedurally infirm disciplinary hearings, retaliation, and conspiracy.
  • Relevant medical problems included drug/alcohol withdrawal, seizures, chronic shoulder and knee injuries, high blood pressure and migraines; he alleges inadequate or delayed treatment (notably withdrawal care and long delay before outside orthopedic care).
  • Key incidents: untreated severe withdrawal and bed confinement (Dec 2016); repeated disciplinary write-ups and hearings (Dec 2016–Dec 2017); food-illness episodes; pepper‑spray use (July 13, 2017); physical assault by officers (Jan 5, 2018); seizures (Nov 2017); transfer to Great Meadow (after alleged events).
  • Procedural posture: Amended Complaint filed Jan. 2018; multiple Motions to Dismiss by groups of defendants. The Court granted motions in part and denied in part.
  • Principal rulings summarized: injunctive/declaratory relief mooted by transfer; several supervisory and official‑capacity defendants dismissed; certain individual claims survived (notably withdrawal‑related medical claim against Nurses Altman, Gandulla, Moore; modular housing conditions; select failure‑to‑protect, excessive‑force, due‑process, and retaliation claims). Conspiracy and several other claims were dismissed.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Mootness of injunctive relief Johnson seeks prospective relief to fix conditions at Sullivan Transfer to Great Meadow moots prospective relief Injunctive/declaratory claims dismissed as moot (transfer)
Personal involvement of supervisors (Loughren, Schiff, Smith, Ginty, Chaboty, Bini) Supervisors set or allowed policies and/or ignored grievances Deny personal involvement; respondeat superior insufficient Claims against Loughren, Schiff, Smith, Ginty, Chaboty, Bini dismissed for lack of plausible personal involvement
Monell / official‑capacity municipal liability County/customs/policies caused constitutional violations Insufficient allegations of widespread/municipal policy or training failure beyond this case Official‑capacity and Monell claims dismissed for failure to plead municipal policy or practice
Medical deliberate indifference (withdrawal; shoulder; seizures; other) Inadequate treatment for withdrawal and chronic conditions; delays and failures to provide care Treatment/triage provided; some delays due to budget; not deliberately indifferent Withdrawal claim against Nurses Altman, Gandulla, Moore survives; other medical claims (shoulder delay, many post‑injury claims, food‑poisoning, seizure‑delay) largely dismissed for failure to plead objective seriousness or deliberate indifference
Conditions of confinement (modular units, water, vermin, food, toilet) Modular housing had mold, poor ventilation, brown water, exposure to mentally‑ill inmates; food spoiled; vermin; occasional plumbing failures Defendants argue conditions are not constitutionally severe or adequately addressed Claim survives as to modular housing conditions; claims re: food, vermin, single‑day toilet dysfunction dismissed for failing to plead constitutional severity
Failure to protect from inmate attacks Officers ignored complaints/failed to intervene despite notice of racial threats and prior complaints Deny known risk or argue insufficient notice of specific threat Failure‑to‑protect claims survive as to Jan. and Feb. 2017 incidents (officers allegedly witnessed/failed to act); claim based on July 2017 pre‑incident conduct dismissed for lack of specific notice
Excessive force (pepper spray; Jan. 2018 assault) Officers used pepper spray and later punched/kicked a compliant detainee Force was legitimate to maintain order; isolated or de minimis Excessive‑force claims survive as to July 2017 pepper‑spray and Jan. 2018 assault (alleged force on cooperative detainee); handcuffing‑only claim dismissed (no injury)
Procedural due process in disciplinary hearings Multiple hearings were procedurally deficient (no assistance, no witnesses, fabricated reports); several resulted in long SHU terms Many punishments were short or typical; some alleged conditions not atypical; appellate affirmances noted Due‑process claims survive for hearings where plaintiff plausibly alleged atypical/significant hardship (1st, 2nd, 6th–8th as framed by Court); claims based on 3rd–5th hearings dismissed
Access to courts (law library) Law library inadequate prevented filing legal claims Plaintiff in fact filed this action Access‑to‑courts claim dismissed for lack of actual injury (he filed suit)
First Amendment retaliation Filing suit/grievances prompted false reports, disciplinary action, assaults, withholding grievances Deny causal link and adverse action Retaliation claim survives (timing, false reports, disciplinary actions, alleged assaults plausibly adverse and causally connected)
Conspiracy under § 1983 Defendants conspired to fabricate reports, orchestrate assaults and mistreat plaintiff Allegations are conclusory; no specific meeting‑of‑minds pleaded Conspiracy claim dismissed for failure to plead agreement with specificity

Key Cases Cited

  • Bell Atl. Corp. v. Twombly, 550 U.S. 544 (pleading must state a plausible claim)
  • Ashcroft v. Iqbal, 556 U.S. 662 (complaints must contain nonconclusory factual allegations)
  • Monell v. Dep't of Soc. Servs., 436 U.S. 658 (municipal liability requires an official policy or custom)
  • Kingsley v. Hendrickson, 576 U.S. 389 (excessive‑force claims by pretrial detainees use an objective‑reasonableness standard)
  • Farmer v. Brennan, 511 U.S. 825 (deliberate indifference requires subjective awareness of substantial risk)
  • Darnell v. Pineiro, 849 F.3d 17 (2d Cir.) (pretrial detainee deliberate indifference standard applied as recklessness)
  • Wolff v. McDonnell, 418 U.S. 539 (due process protections in prison disciplinary proceedings)
  • Sandin v. Conner, 515 U.S. 472 (liberty interest analysis: atypical and significant hardship)
  • Salahuddin v. Goord, 467 F.3d 263 (medical‑care analysis and mootness principle for transferred inmates)
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Case Details

Case Name: Johnson v. Schiff
Court Name: District Court, S.D. New York
Date Published: Sep 26, 2019
Citations: 2019 WL 4688542; 7:17-cv-08000
Docket Number: 7:17-cv-08000
Court Abbreviation: S.D.N.Y.
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