LANDYA McCAFFERTY, District Judge.
Plaintiff James R. Perry, an inmate at the New Hampshire State Prison in Concord, brings this action against the State of New Hampshire (the "State") and a number of state correctional officers. Perry raises constitutional and tort claims against the officers, and claims under the Americans with Disabilities Act ("ADA") and Rehabilitation Act against the State. Before the court is the State's motion to dismiss under Federal Rule of Civil Procedure 12(b)(6). Perry objects to the motion. For the following reasons, the State's motion is granted.
Under Rule 12(b)(6), the court must accept the factual allegations in the complaint as true, construe reasonable inferences in the plaintiff's favor, and "determine whether the factual allegations in the plaintiff's complaint set forth a plausible claim upon which relief may be granted."
The following allegations are taken from the amended complaint, unless otherwise noted. Perry alleges that his emotional and psychological impairments render him a "qualified individual with a disability under the ADA and Rehabilitation Act." Doc. no. 18 at 2-3 (internal quotation marks omitted). On July 13, 2016, correctional officers conducted a "shakedown" in the prison's Special Housing Unit, where Perry's cell was located. While in Perry's cell, Lieutenant Paul Carroll damaged and destroyed Perry's personal property. He also taunted Perry and told him, "If you are going to act up, do it on my shift, don't be a pussy and wait until second shift."
Becoming distraught and suicidal as a result, Perry placed cardboard over his cell window. After Perry refused to remove the cardboard, despite requests by a correctional officer and a mental health worker, an extraction team was sent to Perry's cell. Perry alleges that, upon entering the cell, the team placed him on the floor, punched him in the head, neck, and back, banged his head against the floor, and used a taser on him. Perry suffered serious physical and emotional injuries.
In October 2016, Perry, acting
Separately, Perry brings claims for violations of the ADA and Rehabilitation Act against the State (Count II). The entirety of his allegations against the State, besides those described above, are as follows:
The State moves to dismiss Count II, arguing that the amended complaint does not state a plausible claim for relief under either the ADA or Rehabilitation Act.
Perry responds that the amended complaint survives scrutiny under Rule 12(b)(6). In his brief—though not in his complaint— Perry alleges that the New Hampshire Department of Corrections' "cell integrity check procedures and . . . cell extraction procedures" have a discriminatory effect on disabled individuals like Perry. Doc. no. 26 at 4. He proposes a few policy changes that the Department of Corrections could enact to ensure that such procedures reasonably accommodate inmates suffering from mental illness.
Even under the liberal standard of review required by Rule 12(b)(6), the court concludes that the amended complaint does not state a plausible claim for relief. The ADA and Rehabilitation Act "provide, in nearly identical language, that `no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity.'"
Here, however, Perry's amended complaint fails to provide any facts to support a disability discrimination claim, whatever his theory may be.
Because the allegations in the amended complaint are "too meager, vague, or conclusory to remove the possibility of relief from the realm of mere conjecture," dismissal is warranted.
For the foregoing reasons, the State's motion to dismiss (doc. no. 24) is granted, without prejudice to Perry moving to amend the complaint.
SO ORDERED.