810 F. Supp. 2d 572
W.D.N.Y.2011Background
- Plaintiff Robert Rivera, an inmate, sues eight DOCS employees under 42 U.S.C. §1983 for 2007 incidents at Five Points Correctional Facility.
- Defendants moved to dismiss the complaint under Rule 12(b)(6).
- Aug. 11, 2007: Sgt Shepanski allegedly filed a false misbehavior report retaliatory for grievances.
- Aug. 23, 2007: hearing officer Shea found Rivera guilty, sentenced to 3 months in SHU, contested as unsupported.
- Nov. 1, 2007: Lt Giannino found Rivera guilty in another misbehavior report, with 29 days cell confinement and loss of commissary.
- Amended complaint sets two claims (retaliation through misbehavior reports and sanctions) involving eleven grievances and multiple defendants.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether official-capacity damages are barred by the Eleventh Amendment. | Plaintiff: seeks damages from state actors in official capacity. | Defendants: Eleventh Amendment bars such damages. | Held: Yes; official-capacity damages dismissed. |
| Whether the first §1983 claim is time-barred despite exhaustion tolling. | Rivera: exhaustion tolling extends the period. | Defendants: claim untimely. | Held: Tolling applies; not time-barred. |
| Whether due process claims are cognizable given SHU confinement length. | Rivera claims potential due process rights due to confinement. | SHU sentences below threshold not a liberty interest. | Held: No protected liberty interest; due process claims dismissed. |
| Whether plaintiffs sufficiently alleged personal involvement and retaliation. | Allege supervisor involvement and retaliatory intent. | No personal involvement; conclusory retaliation claims. | Held: Claims against supervisors lacking personal involvement dismissed. |
Key Cases Cited
- Kentucky v. Graham, 473 U.S. 159 (U.S. 1985) (official-capacity claims treated as against the state)
- Dube v. State Univ. of New York, 900 F.2d 587 (2d Cir. 1990) (Eleventh Amendment bar on official-capacity damages)
- Gonzalez v. Hasty, 651 F.3d 318 (2d Cir. 2011) (tolled during mandatory exhaustion)
- Ortiz v. McBride, 380 F.3d 649 (2d Cir. 2004) (lack of liberty interest for short SHU confinement)
- Ashcroft v. Iqbal, 556 U.S. 662 (U.S. 2009) (plausibility standard; supervisor liability requires personal involvement)
- Zembiec v. County of Monroe, 766 F.Supp.2d 484 (W.D.N.Y. 2011) (supervisor liability requires personal involvement, not mere oversight)
- Crenshaw v. Hartman, 681 F.Supp.2d 412 (W.D.N.Y. 2010) (reiterates personal involvement standard post-Iqbal)
- Dawes v. Walker, 239 F.3d 489 (2d Cir. 2001) (skepticism towards inmate retaliation claims)