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810 F. Supp. 2d 572
W.D.N.Y.
2011
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Background

  • 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)
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Case Details

Case Name: Rivera v. Lempke
Court Name: District Court, W.D. New York
Date Published: Sep 14, 2011
Citations: 810 F. Supp. 2d 572; 2011 U.S. Dist. LEXIS 103497; 2011 WL 4344062; No. 10-CV-6517L
Docket Number: No. 10-CV-6517L
Court Abbreviation: W.D.N.Y.
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