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Mincy v. McConnell

July 15, 2010

HILTON KARRIEM MINCY, PLAINTIFF
v.
WILLIAM P. MCCONNELL, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Susan Paradise Baxter United States Magistrate Judge

District Judge McLaughlin

Magistrate Judge Baxter

MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION

I. RECOMMENDATION

It is respectfully recommended that Defendants' Partial Motion to Dismiss [Document # 21]be granted in part and denied in part.

II. REPORT

A. Relevant Procedural History

Plaintiff Hilton Karriem Mincy, a prisoner formerly incarcerated at the State Correctional Institution at Albion, Pennsylvania ("SCI-Albion"), filed this pro se civil rights action pursuant to 42 U.S.C. § 1983.*fn1 Named as Defendants are the following former or current staff members at SCI-Albion, identified by the positions they held at the time Plaintiff was incarcerated there: William P. McConnell, Security Lieutenant ("McConnell"); K. Sutter, Security Lieutenant ("Sutter"); B. Schaef, Sergeant ("Schaef"); R. Showers, Unit Manager ("Showers"); William Cole, Hearing Examiner ("Cole"); Nancy A. Giroux, Deputy Superintendent ("Giroux"); Michael Harlow, Deputy Superintendent ("Harlow"); Marilyn Brooks, Superintendent ("Brooks"); Valerie Kusiak, Grievance Coordinator ("Kusiak"); Maxine Overton, Medical Director ("Overton"); and Mr. Lucas, Registered Nurse (Lucas").

Plaintiff claims that Defendants violated his rights under the first and fourteenth Amendments to the United States Constitution, and Article 1, §§ 1, 20, and 26 of the Pennsylvania Constitution. In addition, Plaintiff raises claims of intentional tort and/or negligence against Defendants Overton and Lucas for allegedly aiding and abetting the issuance of three "falsified and retaliatory misconduct(s)" against him. (Id. at p. 9). As relief for his claims, Plaintiff seeks monetary damages and injunctive relief.

In response, Defendants have filed a partial motion to dismiss, seeking dismissal of Defendants Sutter, Schaef, Showers, Cole, Giroux, Harlow, Brooks, and Kusiak from this case, based upon: (i) Plaintiff's alleged failure to establish their personal involvement in the challenged conduct; and/or (ii) qualified immunity. [Document # 21]. Plaintiff has since filed a memorandum in opposition to Defendants' motion (hereinafter referred to as "memorandum"). [Document # 25]. This matter is now ripe for consideration.

B. Relevant Factual History

In his complaint, Plaintiff alleges that, upon his arrival at SCI Albion, he was "immediately subjected to: (1) harassment, (2) intimidation tactics, (3) threats, (4) verbal abuse,

(5) usage of racial epithet[s], and (6) intentional abuse of administrative process (which was carried out to keep the Plaintiff incarcerated in the Restricted Housing Unit)." (Complaint at Section IV, p. 2B). Plaintiff claims that such conduct was carried out "at the bequest [sic] of SCI Albion's security lieutenants... mostly in part to Plaintiff's prison records having stated he had pending civil litigation against SCI Mahanoy's officers and administrative staff." (Id.). Plaintiff alleges that "[a]s a result of the actions of SCI Albion's security lieutenants and its administrative staff's refusal to intervene, Plaintiff was threatened and forced to recant his allegations against SCI Mahanoy's officers and staff in order to be released from SCI Albion's Restricted Housing Unit." Plaintiff then filed grievances regarding the foregoing conduct, which, according to Plaintiff, resulted in the issuance of three (3) "retaliatory misconducts" against him, "one of which was directly issued by [Defendant McConnell]," who had allegedly stated that he "would either personally have Plaintiff punished or would use other officers and staff to do so, if Plaintiff took to any litigation activities while at SCI Albion as he had done at SCI Mahanoy." (Id. at pp. 2C -2D).

Plaintiff avers that "SCI Albion's administrative staff was fully aware of Security Lieutenant William P. McConnell's retaliatory tendencies towards inmates who conduct civil litigations, and, or file grievances..., and intentionally failed to take meaningful administrative action against Lieutenant McConnell to protect Plaintiff from his behavior." (Id. at p. 3). Plaintiff avers further that "SCI Albion's administrative staff was fully aware of Security Lieutenant McConnell's racially motivated abusive behavior, specifically aimed at African-Americans, and intentionally failed to take meaningful administrative action to protect Plaintiff from his racially motivated behavior." (Id.).

C. Standards of ...


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