MARK A. KEARNEY, District Judge.
Rashad Williams claims state actors abused his constitutional rights while detaining him at the George W. Hill Correctional Facility and in the Delaware County Courthouse holding cell. His third amended pro se complaint alleges facts, but no legal theories, against the Delaware County Board of Prison Inspectors, Community Education Centers, Inc., Delaware County, James Hyman, Michael Hellriegel, David Byrne, John Riley, Jr., and numerous corrections officers and employees of the Prison.
Mr. Williams alleges a list of abuses suffered as a detainee while incarcerated at the George W. Hill Correctional Facility (Prison) between August 2015 and May 2016, when he transferred from the Prison to the State Correctional Institution at Graterford. Beginning on August 25, 2015, Mr. Williams alleges Officer Eli Hitchens and "cert member Walker" "shook down" his cell causing his glasses to break, "while being observed by C/O Hillard."
Mr. Williams alleges his situation worsened toward the end of September 2015 when, on September 23, he "donned the red clothing of maximum security," and some unidentified actor at the Prison moved him to maximum security, and from then on, correctional officers handcuffed him during out of cell activities "via" Sergeant Carter.
On October 13, 2015, the Sheriffs Department put him in a cell with "violent prone inmates" at the Delaware County Courthouse while awaiting an "afternoon court" appearance.
On October 29, 2015, Mr. Williams requested an interview with the Criminal Investigation Division.
After meeting with Detective Corsi on November 6, 2015, Mr. Williams returned to the restrictive housing unit at the Prison.
On November 23, 2015, Mr. Williams met with his attorney, Joseph Casey, in Philadelphia. Mr. Casey told Mr. Williams he (Mr. Casey) went to the Prison to visit Mr. Williams on October 23, November 6, and November 9, 2015 but the Prison denied the visits, ostensibly because Mr. Williams did not want to see him.
On November 30, 2015 — again, presumably for a court appearance — Mr. Williams went to the Delaware County Courthouse where the Sheriffs Department again placed him in "max cell #9" with violent prone inmates putting him at risk of "psychological abuse, sexual predation, and verbal insults."
The alleged abuse at the Prison continued into December 2015 when Mr. Williams received food smelling like feces under the supervision of a "John Doe c/o"; finally received clean clothing; Sergeant Baldwin denied him personal property; Officer Jenkins denied him phone calls, razors, and commissary; Sergeant Baldwin and an unidentified shift sergeant denied him meals and had food removed from trays; and Officer Jenkins denied him access to medical treatment after suffering a panic/anxiety attack.
On January 10, 2016, Mr. Williams attempted to speak with Chief Security Officer Leach, but Mr. Leach "flagged him off."
Mr. Williams alleges continuing deprivations throughout the spring 2016, alleging Chief of Security Leach denied him access to a haircut; the prison librarian, Dana Keith, denied him access to the courts "i.e. legal copies, case laws, legal references;" and under the supervision of Brian Conley, someone opened mail from his attorney, Joseph Casey, outside of Mr. Williams's presence; and, the Prison denied him a reasonable opportunity to attend Ta'leem and Jumu'ah, Muslim religious services
Mr. Williams asked Chief Security Officer Leach why the Prison kept Mr. Williams on "F.O.R (forever on restriction)" and, on May 11, 2016, filed a final grievance.
All served Defendants move to dismiss Mr. Williams's complaint for failure to state a claim. Delaware County moves to dismiss the Third Amended Complaint for failing, as a matter of law, to state a claim against it under Monell v. Dep't ofSoc. Servs.
The operative complaint is the Third Amended Complaint. In his Third Amended Complaint, Mr. Williams brings his claims under 42 U.S.C. § 1983, but does not plead claims or the relief sought. After Defendants moved to dismiss the Third Amended Complaint, Mr. Williams filed a "Motion to Oppose Defendants' Motion to Dismiss Third Amended Complaint," which we considered a response to the motions to dismiss.
We construe the Third Amended Complaint as alleging a § 1983 violation against the Defendants. As Mr. Williams proceeds prose, we construe his allegations liberally.
Section 1983 "`is not itself a source of substantive rights,' but merely provides `a method for vindicating federal rights elsewhere conferred.'"
Mr. Williams does not allege whether he is a pretrial detainee or a sentenced inmate at the Prison. The Eighth Amendment's Cruel and Unusual Punishments Clause applies "after sentence and conviction."
Delaware County, the Prison Board and CEC seek dismissal arguing Mr. Williams does not plead their liability as an institution under Monell. To plead municipal liability under Monell, Mr. Williams must allege "(1) [he] possessed a constitutional right of which [he] was deprived; (2) the municipality had a policy [or custom]; (3) the policy [or custom] `amount[ed] to deliberate indifference' to the plaintiffs constitutional right; and (4) the policy was the `moving force behind the constitutional violation.'"
Mr. Williams must also plead a policymaker with final decision-making authority took action consistent with the alleged policy or custom
To prove failure to train amounted to deliberate indifference, Mr. Williams must plead "(1) municipal policymakers know that employees will confront a particular situation, (2) the situation involves a difficult choice or a history of employees mishandling; and (3) the wrong choice by an employee will frequently cause deprivation of constitutional rights."
We construe Mr. Williams's Third Amended Complaint as attempting to bring a Monell claim against Delaware County to be based on a policy or custom of holding detainees with violent inmates in cells at the Delaware County Courthouse. Mr. Williams alleges on two separate occasions, Delaware County, acting through the Sheriff's Department, placed him in a holding cell with violent inmates at the Delaware County Courthouse.
Delaware County argues the (1) Third Amended Complaint mentions the County only in an allegation it would have or should have been aware of Mr. Williams's arrest warrant issued by a Magisterial District Judge and the County is not liable for the acts of a judicial officer;
The Eighth Amendment's cruel and unusual punishments clause imposes a duty on prison officials "to protect prisoners from violence at the hands of other prisoners."
Mr. Williams does not plead a policy of housing detainees or non-violent convicted inmates with violent prone inmates. He does not plead a custom of this conduct. Even assuming we could infer a policy of housing either pretrial detainees or non-violent convicted inmates with "violent prone" inmates at the Delaware County Courthouse, Mr. Williams fails to allege a policymaker or damages. As we found in our memorandum dismissing Mr. Williams's Amended Complaint, Mr. Williams fails to plead damages. "To state a claim for damages against a prison official for failure to protect from inmate violence, an inmate must plead facts that show (1) he was incarcerated under conditions posing a substantial risk of serious harm, (2) the official was deliberately indifferent to that substantial risk to his health and safety, and (3) the official's deliberate indifference caused him harm."
The Prison Board and CEC concede they may be liable as state actors under a Monell theory only if their policy and custom is a "moving force" behind the constitutional violation. The Prison Board and CEC argue Mr. Williams fails allege a policy, including a failure to train, or custom and any facts to support a claim their failure to train or supervise caused the alleged constitutional deprivations.
To adequately plead a Monell claim against the Prison Board or CEC, Mr. Williams must plead "(1) [he] possessed a constitutional right of which [he] was deprived; (2) the municipality had a policy [or custom]; (3) the policy [or custom] `amount[ed] to deliberate indifference' to the plaintiffs constitutional right; and (4) the policy was the `moving force behind the constitutional violation.'"
For the reasons he fails to state a Monell claim against Delaware County, Mr. Williams's Monell claim against the Prison Board and CEC is dismissed. While the alleged abuses warrant examination should Mr. Williams identify the persons engaging in this conduct, he has not pleaded this conduct is part of a policy or custom amounting to deliberate indifference. We cannot assume this liability.
Mr. Williams sues James Hyman, Michael Hellriegel, David Byrne, John Riley, Jr., Esq., Richard Leach, Sergeant Abt, Sergeant Baldwin, Sergeant Carter, Gloria Jenkins, Eli Hitchens, Dana Keith, Brian Conley, and Cokeda Dunn. The Prison no longer employs Messrs. Hyman, Hellriegel, and Hitchens and Mr. Williams has not affected service upon them.
To state a claim for relief under § 1983, Mr. Williams must show each defendant, acting under color of law, violated his federal constitutional or statutory rights, and caused the complained of injury.
The only mention of Superintendent John Riley is an allegation Mr. Williams "submitted a request to Superintendent Riley to look into these occurrences."
To the extent Mr. Williams attempts to hold Superintendent Riley liable for the alleged actions of other Prison employees, we must dismiss this claim as Superintendent Riley cannot be held liable on a respondeat superior theory, and Mr. Williams fails to allege Supervisor Riley's personal involvement in the challenged events. To the extent Mr. Williams attempts to hold Superintendent Riley liable for his alleged failure to "look into these occurrences" complained of, any such claim is dismissed. "Inmates do not have a constitutionally protected right to the prison grievance process."
Mr. Williams's only mention of hearing examiner Abt concerns Mr. Williams asking for, and receiving a notice of, a hearing with Defendant Abt after receiving a misconduct report for fighting resulting in disciplinary segregation.
Mr. Williams alleges he "was moved to a restricted housing unit, under the supervision and order" of Chief of Security Richard Leach; after returning from admission to a secured maximum unit for suicide watch, Mr. Williams "was ushered back to lOB max," by order of Chief Leach; Chief Leach "vehemently flagged [Mr. Williams] off' when Mr. Williams tried to speak to him; Chief Leach denied Mr. Williams access to a haircut; and requested from Chief Leach "his reasoning for keeping plaintiff Williams on F.O.R. (Forever on restriction)."
As to Sergeant Carter, Mr. Williams alleges he "donned the red clothing of maximum security, from there on was handcuffed during out of cell activities, via Sgt. Carter"; he signed a "contract via Sergeant Carter, promising his release from confinement"; and on October 20, 2015 Mr. Williams "was moved back to 10D and was informed that this matter will be further investigated, via Sgt. Carter."
Even if we found Mr. Williams sufficiently alleged Chief Leach's and Sergeant Carter's personal involvement in Mr. Williams's housing classification, there is no constitutional deprivation. Transfers to "less amenable and more restrictive custody does not implicate a liberty interest that arises under the Due Process Clause."
We construe Mr. Williams's allegation regarding Chief Leach's "flagg[ing] off' Mr. Williams as a denial of a type of grievance. As set forth above, there is no constitutionally protected right to the prison grievance process.
Mr. Williams fails to plead a claim against Chief of Security Leach or Sergeant Carter and all claims against them are dismissed.
Mr. Williams alleges a denial of "client privilege" when, on April 19, 2016, his "legal mail" was opened outside his presence "under the supervision of' Mr. Conley.
The Third Amended Complaint fails, however, because Mr. Williams does not plead Mr. Conley's personal involvement; he does not allege Mr. Conley directed the actions of anyone in the mail room to open Mr. Williams's mail outside his presence or Mr. Conley actually knew of the actions and acquiesced in them. Instead, there is only the allegation Mr. Williams's mail was opened under Mr. Conley's supervision. Civil rights liability of a prison supervisor cannot attach based only on a supervisory role without pleading personal involvement. We dismiss all claims against Mr. Conley.
Mr. Williams alleges "under the supervision of' or "via" or "under orders of' Corrections Officer Jenkins, he was denied access to speak with a counselor, sergeant, or lieutenant; food was removed from his lunch tray; denied recreation, a change of clothes, phone calls, razors, and commissary; and denied medical care after suffering an anxiety attack.
Mr. Williams alleges "under the supervision of' or "via" Sergeant Baldwin, he was denied a dinner meal on three occasions and denied personal property.
Threats, verbal abuse and harassment, without more, do not amount to a constitutional violation.
Mr. Williams alleges on September 29, September 30, and December 25, 2015, food "was taken off' his meal trays either "under the supervision" of Corrections Officer Jenkins or "under the supervision of' an unidentified "shift Sgt."
The removal of food from trays and deprivation of meals "under the supervision" of unidentified shift sergeants or unidentified persons on "all shifts" is not sufficient to hold Sergeant Baldwin or Corrections Officer Jenkins liable under § 1983. Mr. Williams must allege, with particularity, participation or actual knowledge and acquiescence in the constitutional deprivation. He fails to do so. Similarly, allegations of the removal of food or deprivation of meals "under the supervision of' Corrections Officer Jenkins and Sergeant Baldwin do not allege their participation or actual knowledge and acquiescence to the deprivation.
Even if we construed the "under the supervision" allegations against Corrections Officer Jenkins and Sergeant Baldwin, Mr. Williams alleges deprivations on five occasions between September 30 and December 23, 2015. Our court of appeals recently found the deprivation of three meals over the course of three months "is not of such a magnitude as to rise to the level of a constitutional violation."
Mr. Williams alleges Corrections Officer Jenkins, "under [her] orders" or "via c/o Jenkins" denied him access to speak to a counselor, sergeant, or lieutenant on three occasions.
Mr. Williams alleges Corrections Officer Jenkins denied him phone calls, razors, and commissary and Sergeant Baldwin denied him personal property.
Finally, Mr. Williams asserts he suffered a "panic/anxiety attack" on December 31, 2015 and Corrections Officer Jenkins denied him access to medical care.
As to the second prong, deliberate indifference is shown "where (1) prison authorities deny reasonable requests for medical treatment, (2) knowledge of the need for medical care is accompanied by the intentional refusal to provide it, (3) necessary medical treatment is delayed for non-medical reasons, and (4) prison authorities prevent an inmate from receiving recommended treatment for serious medical needs."
The Third Amended Complaint is devoid of a fact relating to Defendants Bryne and Dunn, much less personal involvement in the alleged wrongdoing. Mr. Williams named these individuals in his Second Amended Complaint but does not mention them now. We dismiss claims against them.
Mr. Williams alleges the prison librarian Dana Keith denied him access to the courts by withholding pens, paper, and "legal copies" from him. To state a claim for denied access to the courts, Mr. Williams must allege "his efforts to pursue a legal claim were hindered and he suffered injury."
In today's accompanying order, we dismiss Mr. Williams's claims, including any state law claims which may arise from the pleaded facts.
Mr. Williams then filed a Second Amended Complaint, adding Delaware County as a defendant and dropping as defendants Detective Corsi and the Sheriffs Department. The Prison Board, CEC, and individual defendants, and Delaware County, represented by separate counsel, moved to dismiss the Second Amended Complaint. Mr. Williams responded to the motions to dismiss the Second Amended Complaint, and also asked for leave to file a Third Amended Complaint. We granted Mr. Williams leave to file a Third Amended Complaint, and denied the pending motions to dismiss without prejudice to be renewed in response to the Third Amended Complaint if warranted. Mr. Williams then filed a Third Amended Complaint in which he pleads more facts, but fails to include legal claims. Mr. Williams is now pro se suing David Byrne, John Riley, Jr. Richard Leach, Sergeant App, Sergeant Baldwin, Sergeant Carter, Gloria Jenkins, Eli Hitchens, Dana Keith, Brian Conley, and Cokeda Dunn. Mr. Williams has not served James Hyman, Michael Hellriegel, and Eli Hitchens. Messrs. Hyman, Hellriegel, and Hitchens are no longer employed by the George W. Hill Correctional Facility or by CEC and, under its policy, the Prison will not accept service or original process for former employees. ECF Doc. No. 56.
Delaware County, the Prison Board, CEC, and individual defendants moved to dismiss the Third Amended Complaint. Mr. Williams responded to the motions to dismiss the Third Amended Complaint, referring defendants back to the previous amended complaints. We granted Mr. Williams one last leave to file a Fourth Amended Complaint. Mr. Williams chose not to do so.