DAVID L. FLOYD, Plaintiff,
LT. OLSHEFSKI, et al., Defendants.
ROBERT D. MARIANI, District Judge.
Plaintiff David L. Floyd ("Plaintiff" or "Floyd"), an inmate currently confined at the Federal Correctional Institution-Medium at Petersburg ("FCI Petersburg Medium"), Virginia, commenced this pro se action by filing a Bivens  civil rights Complaint under the provisions of 28 U.S.C. § 1331. (Doc. 1). In his Complaint, Floyd raises due process, excessive force and retaliation claims against the Defendants.
Presently before the Court are Defendants' motion to dismiss and for summary judgment (Doc. 11), Plaintiff's motion to amend (Doc. 18), and Plaintiff's motion to dismiss Defendants' motion to dismiss and for summary judgment (Doc. 20). For the reasons set forth below, Defendants' motion to dismiss and for summary judgment will be granted in part, and denied in part. Plaintiff's motion to amend will be granted and his motion to dismiss Defendants' motion will be denied.
I. Procedural History
On February 22, 2013, Floyd filed his Complaint concerning events that occurred while he was housed at different facilities at the Allenwood Federal Correctional Center ("FCC Allenwood") in White Deer, Pennsylvania. (Doc. 1). Floyd claims that the Defendants took retaliatory actions against him, assaulted him, and harassed him while he was housed at these facilities. ( Id. ). Named as Defendants are: Lt. Olshefski, Officer Jamie Phillips, Officer C. Meyers, Officer J. Cramer, Lt. Tim Matthews, and Officer D. Schantz. ( Id. ).
Defendants filed a motion to dismiss and for summary judgment on May 6, 2013. (Doc. 11). Defendants additionally filed their brief in support (Doc. 13) and statement of material facts (Doc. 14) on May 22, 2013. Floyd filed a brief in opposition on May 24, 2013. (Doc. 16).
On June 19, 2013, Floyd filed a motion to amend his Complaint and a draft Amended Complaint. (Doc. 18, 19). Floyd also filed a motion to dismiss Defendants' motion, along with a supporting brief, on July 31, 2013. (Docs. 20, 21).
II. Allegations of the Complaint
While housed at FCC Allenwood, Floyd claims that he was subjected by Defendants, to various incidents of mistreatment, verbal insults, name calling, assault, harassment, and retaliation. ( See Doc. 1). Floyd was initially housed at the Low Security Correctional Institution at Allenwood ("LCSI Allenwood"). ( Id. at 3). While there, Floyd claims he was assaulted by Defendants Meyers, Cramer, Phillips, and Olshefski on August 24, 2011. ( Id. at 3-4). After this assault, Floyd claims Defendant Phillips continued to harass him during his time at Allenwood. ( Id. ).
Floyd alleges he was then transferred from LSCI Allenwood to the Special Housing Unit ("SHU") at Allenwood Medium in retaliation for his complaints against the Defendants and because of his fears stemming from the alleged assault and harassment. ( Id. at 5). Before his transfer, Plaintiff claims Defendant Phillips rifled through his belongings, removing stamps, legal and personal address and contact information, as well as pictures. ( Id. ).
Plaintiff further claims that when he arrived at the SHU, he was handcuffed and placed in a holding cell for nearly ninety (90) minutes. ( Id. ). He was then greeted by Officer Brown, a non-defendant, who told him that "Bulldog", a/k/a Defendant Phillips, said hello. ( Id. ). Brown then allegedly called Floyd a "retarded child molester" and warned him to not eat the food served to him by day shift. ( Id. ).
Following a Disciplinary Hearing, Floyd was found guilty of assaulting an officer during the August 24, 2011 incident. ( Id. ). He was given thirty (30) days disciplinary segregation and lost twenty-seven (27) days of good conduct time, three (3) months of commissary, and three (3) months of visits. ( Id. ).
Floyd claims that after he was put on disciplinary status, Defendants intentionally housed him with a mentally unstable, medium-level inmate. ( Id. ). Floyd alleges the following occurred after he was placed in his SHU cell:
Right after [the officers] left, inmates began yelling out [Floyd's] name, calling "Hey Floyd, keep your hands off the kids!" and "Hey everyone, there's a child molester in cell #531" and "Hey Floyd, I hope your cellie rapes you!"
(sic) ( Id. ). Floyd believes that prison officials told the other inmates his name and criminal history and about any complaints he filed through the grievance procedure. ( Id. ).
On or about April 16, 2012, Floyd was transferred from the SHU to Allenwood Medium by bus. ( Id. ). That day, Plaintiff claims Defendant Phillips was on bus detail and assaulted him. ( Id. ). Then when Floyd went to switch buses, Defendant Phillips told the new bus driver Floyd's name and that Floyd liked "li'l kids." ( Id. ). Defendant Phillips also told the bus driver to take "special care of" Floyd and yelled, "See you Floyd, keep your head on a swivel, you're gonna need it." ( Id. ).
Plaintiff alleges that for nine (9) months, the Defendants made his life a "living hell" via assaults, harassment, and retaliation. ( Id. ). As relief, Plaintiff requests monetary damages, that his twenty-seven (27) days of good conduct ...