Robles v. CoughlinRobles v. Coughlin
- Reporters:
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In these consolidated appeals we are asked to determine the sufficiency of prisoners’
I. BACKGROUND
Robles-Payne Complaint1
In a pro se complaint (Robles-Payne) filed on November 15, 1982, in the Northern District of New York and assigned to Michael A. Telesca, Judge, plaintiffs-appellants Angel Robles and Milton Payne, then inmates at the Attica Correctional Facility Special Housing Unit, claim that they were subjected to cruel and unusual punishment in violation of the Eighth Amendment to the United States Constitution. The complaint names T.A. Coughlin, Commissioner of the New York State Department of Correctional Services, H.J. Smith, Superintendent of Attica Correctional Facility (ACF), ACF Sgt. Hinnenburg and ACF Correction Officer Wisiorek as defendants. It alleges that plaintiffs “were denied proper and adequate meals” by Wisiorek who refused to feed them on 12 days, three of which were consecutive, within a 53 day period. Additional statements that plaintiffs had been denied food are contained in various exhibits attached to the complaint. Two of these exhibits also allege that the food was contaminated by correction officers.2 The complaint was accompanied by requests to proceed in forma pauperis, pursuant to
Finding that plaintiffs met the financial requirements of
Robles-et al. Complaint 3
In another pro se complaint (Robles-et al.) filed on November 15, 1982, in the same district but assigned to John T. Curtin, Chief Judge, Angel Robles and nine others who were then Special Housing Unit (SHU) inmates at Attica Correctional Facility4 claim violations of
Construing the complaint as one directed only at the failure to provide inmates with rule books, the district court held that plaintiffs failed to state a constitutional claim and denied leave to proceed in forma pauperis, pursuant to
II. DISCUSSION
Although the district courts herein followed slightly different procedural routes, we deem both judgments to be dismissals pursuant to
In determining the sufficiency of a pro se complaint, it is now axiomatic that a court must construe it liberally, applying less stringent standards than when a plaintiff is represented by counsel, Hughes v. Rowe, 449 U.S. 5, 9, 101 S.Ct. 173, 175, 66 L.Ed.2d 163 (1980) (per curiam); Haines v. Kerner, 404 U.S. 519, 520, 92 S.Ct. 594, 595, 30 L.Ed.2d 652 (1972) (per curiam). It is also the well-established law of this circuit that sua sponte dismissal of a pro se complaint prior to service of process on defendant is strongly disfavored. Cameron v. Fogarty, 705 F.2d 676, 678 (2d Cir.1983); Bayron v. Trudeau, 702 F.2d 43, 45 (2d Cir. 1983); Moorish Science Temple of America, Inc. v. Smith, 693 F.2d 987, 990 (2d Cir. 1982); Fries v. Barnes, 618 F.2d 988, 989 (2d Cir.1980). Such untimely dismissal deprives us of the benefit of defendant’s answering papers, id., and results in the “ ‘wasteful ... shuttling of the lawsuit between the district court and appellate courts,’ ” Bayron v. Trudeau, 702 F.2d at 46 (quoting Lewis v. New York, 547 F.2d 4, 6 (2d Cir. 1976)). To warrant dismissal, the complaint, considering all its allegations as true, Cooper v. Pate, 378 U.S. 546, 84 S.Ct. 1733, 12 L.Ed.2d 1030 (1964) (per curiam), must be frivolous on its face or wholly insubstantial. Moorish Science Temple, 693 F.2d at 990.
With these principles in mind, it is clear that the district courts herein acted prematurely in dismissing the complaints. In our view, Judge Telesca should not have limited his consideration of the Robles-Payne complaint to the allegation of deficient prison food.6 Liberally construed and considering all the papers submitted,
In any event, the complaint herein goes beyond alleging the deprivation of food and states that prison officials contaminated inmates’ meals with “dust, rocks, glass and human waste.” We hold that such an allegation is sufficient to withstand dismissal of a
Similarly, we do not agree with Judge Curtin’s dismissal of the Robles-et al. complaint. First, consideration should be accorded those cases which hold that the failure to provide notice of prison rules to inmates is a violation of due process. E.g., Duckett v. Ward, 458 F.Supp. 624, 626 (S.D.N.Y.1978); Moore v. Janing, 427 F.Supp. 567, 577 (D.Neb.1976); Martinez Rodriguez v. Jimenez, 409 F.Supp. 582, 594-95 (D.P.R. 1976), aff’d on other grounds, 551 F.2d 877 (1st Cir.1977); see Jones v. Wittenberg, 330 F.Supp. 707, 720 (N.D.Ohio 1971), aff’d on other grounds sub nom. Jones v. Metzger, 456 F.2d 854 (6th Cir.1972). Second, the complaint herein contains various allegations which might be found to present other deprivations of federally protected rights. For example, it alleges confiscation of personal property without explanation, see Bayron v. Trudeau, 702 F.2d at 45; contamination of food, see Ramos v. Lamm, 639 F.2d at 570-71; starvation, see Cunningham v. Jones, 567 F.2d at 659-60; and confinement in unlit, unventilated strip cells, see LaReau v. MacDougall, 473 F.2d 974, 977-78 (2d Cir.1972), cert. denied, 414 U.S. 878, 94 S.Ct. 49, 38 L.Ed.2d 123 (1973). Thus, we conclude that the Robles-et al. complaint states a claim under
Our holding with respect to both complaints herein is limited to the sua sponte dismissal of those complaints prior to service of process upon defendants. It may be that at a later stage it will develop that plaintiffs can prove no set of facts in support of their claim which would entitle them to relief. However, where a prisoner’s pro se complaint alleges claims which are arguably cognizable under
III. CONCLUSION
For the reasons stated herein, we reverse and remand for service of process and further proceedings consistent with this opinion.
. The appeal was assigned two docket numbers in this court, 83-2010 and 83-2012, but is a single appeal of a single order dismissing a joint complaint.
. Exhibits C and G to plaintiffs’ Affidavit submitted in support of their Order to Show Cause and their request for T.R.O. relief. For exam-pie, Exhibit G, which consists of a letter from Payne to the SUNY Legal Assistant Program, states that, in order not to serve food to inmates, correction officers contaminated prisoners’ meals with “dust, rocks, glass and human waste.”
. Docket No. 83-2008.
. One of the named plaintiffs, D. Hooker, did not sign the complaint, but did file an affidavit in support of his request to proceed in forma pauperis. Kerun Brewington, another inmate, did sign the complaint but is not a named plaintiff and did not file an affidavit in support of his request to proceed in forma pauperis. The district judge should address this matter upon remand.
. Redford v. Smith, 543 F.2d 726, 728 (10th Cir.1976); Oughton v. United States, 310 F.2d 803, 804 (10th Cir.1962), cert. denied, 373 U.S. 937, 83 S.Ct. 1542, 10 L.Ed.2d 693 (1963). These cases indicate that the recommended procedure in the Tenth Circuit is to grant the application to proceed in forma pauperis if the court is satisfied that the requirements of
. It may be that a mere allegation of deficient food does not rise to the level of a constitutional violation. Freeman v. Trudell, 497 F.Supp. 481, 482 (E.D.Mich.1980); but see Shapley v. Wolff, 568 F.2d 1310 (9th Cir.1978) (complaint alleging, inter alia, prison diet consisting of cold and possibly inadequate food sufficient to withstand motion to dismiss).
. We read this