Case Document 2 Filed 01/24/17 Page 1 of 22 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK 17 CV 53 9 5 VERIFIED vs. CIVIL COMPLAINT Sergeant Osborne, Sergeant Carter, Sergeant P. (John Doe Correctional Of?cer James Hennig, Correctional Of?cer M. Ernst, Correctional Of?cer Morel], Correctional Of?cer Freeman, Correctional Of?cer Dillon, Correctional Of?cer Suedeker, Correctional Of?cer (John Doe #2 Spanish), - CV - Correctional Of?cer (Jane Doe Spanish), Registered Nurse S. Ganet, Registered Nurse (Jane Doe Doctor Bentivegna, Recreation Civilian Berstell, and Commissioner Hearing Of?cer Eric Gutwein, Defendants 'Lid ARCS 3 wH: 5 .J L9 till '12 wru?z 03min .31330 JURY TRIAL DEMAND STATE OF NEW YORK ss COUNTY OF WASHINGTON) I, Jerome Anderson, do hereby af?rm pursuant to 28 U.S.C. ?1746 and federal rules 43 that the following is true and an accurate representation of the facts and that those stated to be based on assumption are believed to be true: JURISDICTION AND VENUE 1. This is a civil rights action authorized by 42 U.S.C. 1983 to redress constitutional and statutory violations committed under the jurisdiction of this court pursuant to 28 U.S.C. 1331 and 1343 and (4). Furthermore, I seek declaratory relief that is authorized pursuant to 28 U.S.C. 2201 and 2202. Case Document 2 Filed 01/24/17 Page 2 of 22 2. Venue properly lies in this district pursuant to 28 U.S.C. 1391(b) because the events giving rise to this action occurred at Green Haven Correctional Facility located in the Southern District of the State of New York. 3. The matter under controversy arises under the First, Eighth, and Fourteenth Amendments of the United States Constitution. I contend that the defendants unnecessarily and excessively violated my clearly established constitutional rights in a discriminative manner. PARTIES TO THE ACTION 4. NAME OF PLAINTIFF: Mr. Jerome Anderson (DIN: 00AO502) Current Address Great Meadow Correctional Facility 11739 State Route 22, PO. Box 51 Comstock, New York 12821-0051 5. NAME OF DEFENDANT: Mr. Osborne Of?cial Position: Correctional Sergeant Sued in his Of?cial and/or Individual Capacity Working Location: Green Haven Correctional Facility 594 Route 216 Stormville, New York 12582-0010 6. NAME OF DEFENDANT: Mr. Carter Of?cial Position: Correctional Sergeant Sued in his Of?cial and/or Individual Capacity Working Location: Green Haven Correctional Facility 594 Route 216 Stormville, New York 12582?0010 7. NAME OF DEFENDANT: Mr. P. (John Doe in?rmary return Of?cial Position: Correctional Sergeant Sued in his Of?cial and/or Individual Capacity Working Location: Green Haven Correctional Facility 594 Route 216 Stormville, New York 125 82-0010 8. NAME OF DEFENDANT: Mr. James Hennig Of?cial Position: Correctional Of?cer Sued in his Of?cial and/or Individual Capacity Working Location: Green Haven Correctional Facility 594 Route 216 Stormville, New York 125 82-0010 Case Document 2 Filed 01/24/17 Page 3 of 22 9. NAME OF DEFENDANT: Mr. M. Ernst Of?cial Position: Correctional Of?cer Sued in his Of?cial and/or Individual Capacity Working Location: Green Haven Correctional Facility 594 Route 216 Stormville, New York 12582?0010 10. NAME OF DEFENDANT: Mr. Morell Of?cial Position: Correctional Of?cer Sued in his Of?cial and/or Individual Capacity Working Location: Green Haven Correctional Facility 594 Route 216 Stormville, New York 12582-0010 11. NAME OF DEFENDANT: Mr. Freeman Of?cial Position: Correctional Of?cer Sued in his Of?cial and/or Individual Capacity Working Location: Green Haven Correctional Facility 594 Route 216 Stormville, New York 125 82?001 0 12. NAME OF DEFENDANT: Mr. Suedeker Of?cial Position: Correctional Of?cer Sued in his Of?cial and/or Individual Capacity Working Location: Green Haven Correctional Facility 594 Route 216 Stormville, New York 12582?0010 13. NAME OF DEFENDANT: Mr. Dillon return Of?cial Position: Correctional Of?cer Sued in his Of?cial and/or Individual Capacity Working Location: Green Haven Correctional Facility 594 Route 216 Stormville, New York 125 82-0010 14. NAME OF DEFENDANT: John Doe #2 (Spanish) - return Of?cial Position: Correctional Of?cer Sued in his Of?cial and/or Individual Capacity Working Location: Green Haven Correctional Facility 594 Route 216 Stormville, New York 12582-0010 15. NAME OF DEFENDANT: Jane Doe #1 (Spanish) - return Of?cial Position: Correctional Of?cer Sued in her Of?cial and/or Individual Capacity Case Document 2 Filed 01/24/17 Page 4 of 22 Working Location: Green Haven Correctional Facility 594 Route 216 Stormville, New York 12582?00 1 0 16. NAME OF DEFENDANT: Ms. S. Ganet Of?cial Position: Registered Nurse Sued in her Of?cial and/or Individual Capacity Working Location: Green Haven Correctional Facility 594 Route 216 Stormville, New York 125 82-0010 17. NAME OF DEFENDANT: Jane Doe #2 in?rmary return Of?cial Position: Registered Nurse Sued in her Of?cial and/or Individual Capacity Working Location: Green Haven Correctional Facility 594 Route 216 Stormville, New York 125 82-0010 18. NAME OF DEFENDANT: Mr. Bentivegna (S.H.U.) Of?cial Position: Doctor Sued in his Of?cial and/or Individual Capacity Working Location: Green Haven Correctional Facility 594 Route 216 Stormville, New York 12582-0010 19. NAME OF DEFENDANT: Mr. R. Berstell Of?cial Position: Recreation Civilian (Tier Hearing Assistant) Sued in his Of?cial and/or Individual Capacity Working Location: Green Haven Correctional Facility 594 Route 216 Stormville, New York 12582-0010 20. NAME OF DEFENDANT: Mr. Eric Gutwein Of?cial Position: Commissioner?s Hearing Of?cer Sued in his Of?cial and/or Individual Capacity Working Location: Green Haven Correctional Facility 594 Route 216 Stormville, New York 12582-0010 At all times relevant to the events described herein, the defendants have acted and continue to act under the color of state law. Case Document 2 Filed 01/24/17 Page 5 of 22 21. 22. 23. 24. 25. 26. 27. OTHER ACTIONS IN STATE OR FEDERAL COURTS In 2015, I ?led a petition pursuant to Article 78 of the New York State Civil Practice Law and Rules (hereinafter ?Article This petition was ?led in Albany County Court. (Matter of Anderson [00?21-0502) v. Venetozzi [Albany County Index No.: 5172-15]) The Article 78 petition was transferred to the Appellate Division, Third Department, as it raised an issue of insuf?cient evidence, pursuant to CPLR ?7804(g). On August 16, 2016, the Attorney General?s Of?ce ?led a letter to the Clerk of the Court of the Appellate Division, Third Department requesting that the case be dismissed as moot due to the Administrative Reversal (Matter of Anderson (00?21-0502) v. Venetozzi [Appellate Division Docket No.: 5228455]) There are no other lawsuits in state or federal court which relate to my imprisonment. STATEMENT OF FACTS On March 21, 2015, I received a Tier II Disciplinary Misbehavior report (hereinafter ?Tier As a result of this Tier II disciplinary hearing completed on March 24, 2015, I received the following sanctions: 30 days Keeplock con?nement with 15 days suspended for 90 days (to run from March 21St to April 5th), 15 days Loss of Recreation privileges. (The sanction for the loss of recreation privileges ran consecutively to the 15 days keeplock penalty: from April 5 to April 201?.) While at the hearing for this Tier II, an investigator for the Inspector General?s Of?ce (hereafter was interviewing another inmate regarding a complaint ?led against a Sergeant. The LG. investigator approached me and asked me if I knew anything concerning the Sergeant. I gave him a brief statement. On April 11, 2015, at approximately 6:30 P.M., I was in my cell because I was still serving the Loss of Recreation sanction. Correctional Of?cer (hereinafter J. Hennig approached my cell and instructed me to get dressed. I asked C.O. Hennig why. He informed me that I was wanted for a Sergeant?s Interview. I got dressed and exited my cell. C.O. Henning then escorted me Case Document 2 Filed 01/24/17 Page 6 of 22 28. 29. 30. 31. 32. 33. 34. 35. from E-Block to the Corridor. (At no time during this escort did we go outside.) Upon arrival at the corridor, I observed that Sergeant Osborne was waiting for us. Sergeant Osborne approached and asked me if I had spoken to the LG. I was not expecting the question and he asked me if I had made a statement to the LG. approximately two weeks prior. Something in his demeanor struck me as odd. I responded that I respectfully did not want to discuss the matter with him. (The LG. investigator had assured me that I would not have to talk to any of the facility staff regarding anything I said.) Sergeant Osborne then instructed me to place my hands on the wall. I immediately complied. Once my hands were on the wall, Sergeant Osborne punched me in the face. The force of the punch knocked me off balance and my hands came off the wall as I staggered. Numerous of?cers began to respond to the area. Upon information and belief, CO Wazinski and CO Coons were part of the response. Sergeant Osborne, C.O. Hennig, and CO. Ernst were actively assaulting me. After a few seconds of attempting to cover myself, I fell to the ?oor and tried my best to cover my face with my hands. I was beaten with batons, ?sts, and elbows. My face was smashed into the ?oor. I was kicked and stomped on. I was eventually held face down by a number of guards as an unknown of?cer repeatedly kneed me in my thigh for over a minute. (As a result, of the kneeing to my thigh, I was unable to walk for a week.) During the assault, I distinctively heard Sergeant Carter?s voice stating, several times, ?No bruises guys, no bruises.? Eventually handcuffs were placed on my wrists and I was escorted, upon information and belief, to the facility?s Special Housing Unit (S.H.U.) by Freeman, and Morell, as well as Sergeant Carter. While in route from the corridor, Freeman and Morell were punching, kicking, and forcibly poking me with the end of their batons, as well as stomping on my feet. Freeman and Morell would alternate grabbing the handcuffs and in order to violently twist them and tighten them, while the other would assault me. I was repeatedly punched in the back of my head. This torture lasted for the entire route until we arrived at the Special Housing Unit. This all took place in the presence of Sergeant Carter who did nothing to stop the assault. Case Document 2 Filed 01/24/17 Page Upon entering the Special Housing Unit, my clothes were removed and Use of Force pictures were taken of my injuries. After the photos were taken, Sergeant Carter, and Freeman and Morell escorted me to the in?rmary. As soon as we left the Special Housing Unit Defendants Freeman and Morell continued to assault me as they had done before. They continued to punch, kick and violently poke me with their batons. Once again, this was done in the presence of Sergeant Carter who did nothing to stop the assault. After arriving at the in?rmary, I told nurse S. Ganet what had transpired. I informed the nurse that Sergeant Carter, and Freeman and Morrell were assaulting me during the escort to the Special Housing Unit and to the in?rmary. I complained of all my injuries and requested to see a doctor. Medical staff then ordered that I be taken to the outside hospital. I was transported to Putnam Hospital via ambulance. Once I arrived at Putnam Hospital, I described to their medical staff what had taken place at the facility. I was given a shot in my thigh and an x-ray of my thigh was taken. My other injuries were ignored (I had complained of injuries to my head, ribs, back, and wrist) but I do not know if my complaints were written down. I was then transported back to the facility via state vehicle (van). Upon entering the facility, the transport of?cers turned me over to two Hispanic looking of?cers John Doe #2 and Jane Doe #1 (one male and one female). These two of?cers were to escort me to the facility in?rmary (standard protocol for all inmates returning from outside hospitals). I was kept in mechanical restraints consisting of handcuffs, waist chain, and shackles. Of?cer Dillon approached me and began to assault me in the presence of these two of?cers, as well as the two transport of?cers. The of?cers did nothing to stop the assault nor did they do anything to report the incident. C.O. Dillon repeatedly punched me in the head, neck, and face area. He kicked and elbowed me while the two Hispanic looking of?cers were holding me by my arms. This continued until the male Hispanic of?cer told him, ?That?s enough. That?s enough!? I truly felt that CO. Dillon was going to kill me. After arriving at the facility in?rmary, I saw Sergeant John Doc #1 (I believe that his last name begins with a and Nurse Jane Doe I immediately complained of CO. Dillon assaulting me and I requested that a report be made and photos be taken. Case Document 2 Filed 01/24/17 Page 8 of 22 46. 47. 48. 49. 50. 51. Sergeant John Doe #1 responded, ?If a convict assaulted me, I hope they do a better job than what?s happened to you. The fact that you?re still fucking conscious is lucky for you.? I was then admitted into the in?rmary for three days for observation. I was given Ibuprofen every few hours while I was in the in?rmary. After three days, I was moved into the facility?s Special Housing Unit. On April 14, 2015, I was issued a Tier misbehavior report for the incident of April 11, 2015 which charged me with violating Rules 100.11 ?Assault on Staff?, 104.11 ?Violent Conduct?, 106.10 ?Direct Order?, 113.14 ?Unauthorized Medication?, 107.10 ?Physical Interference?, 113.15 ?Unauthorized Exchange?, and 114.10 ?Smuggling?. On April 14, 2015, I met with my assigned pre?hearing assistant, R. Berstell. At that time I requested that I be provided with a number of requests. The items I requested were: 1) Copy of the videotape of the yard prior to the incident, 2) Copy of the videotape of the corridor in front of block, 3) Copy of the videotape from the in?rmary during the incident(s), 4) Copy of the disposition of the Tier II disciplinary hearing completed on March 24, 2015, 5) The name of the investigator from the Inspector General?s Of?ce who was present on March 24, 2015 when I had my Tier II hearing, 6) The names of the of?cers that were working in the corridor at approximately 7:00 P.M. on April 11, 2015, 7) A copy of the log book of the corridor, 8) The names of the of?cers that were working at the front gate at approx. 1:00 A.M. on Sunday, April 12, 2015, 9) The names of any and all of?cers that were involved in the use of force on April 11, 2015, copy of the Unusual Incident Report created in connection to the incident of April 11, 2015, copy of any and all injury reports created in connection to the incident(s), and 12) A copy of any and all ?To/From? memos created in connection to the incident(s). On April 15, 2015, I submitted a Grievance (Log #79494-15), which was received by the Grievance Committee on April 29, 2015 but was not ?led until May 6, 2015. This grievance addressed both of the incidents of assault by the defendants. (The ?rst in the corridor and the second when I returned from the outside hospital.) Case Document 2 Filed 01/24/17 Page April 17, 2015, Defendant Eric Gutwein, a Commissioner?s Hearing Of?cer at Green Haven Correctional Facility, commenced a Superintendent?s Hearing. At that time, I entered a plea of ?Absolutely not guilty? to the charges. I objected to the commencement of the hearing, as I had not heard back from my assistant. Despite my objections, the defendant Gutwein insisted that I enter a plea to the charges and identify any witnesses and documentary evidence that I wanted. The hearing was then adjourned until May 13, 2015. During the period of the disciplinary hearing, I verbalized numerous requests, to the Special Housing Unit personnel, to be seen by medical. I, literally, could not walk because of the injury I received. I was informed that if an inmate in the Special Housing Unit has any medical issues, they are required to inform Dr. Bentivegna, verbally, while he is on rounds. There are no ?written request? requirements for sick call requests in place. Dr. Bentivegna makes ?rounds? almost every weekday, at which time inmates are allowed to speak to him. I verbally complained to Dr. Bentivegna numerous times about the injuries that I had sustained and the pain I was enduring because of those injuries. On April 19, 2015, I ?led a grievance about the lack of appropriate medical attention that I was experiencing. (Grievance This grievance was ?led April 21, 2015. As a result of the investigations concerning this grievance, it was discovered that Dr. Bentivegna had not recorded many of my complaints my back injury, ??oaters? in both eyes, chronic headaches, sore ribs, thigh, and feet). When I saw Dr. Bentivegna, I requested a C-scan because I was complaining about head injuries. I was experiencing pain and a lump on the back of my head. I was also experiencing ??oaters? (black spots that were ?oating in my ?eld of vision) in both of my eyes. On May 4, 2015, defendant R. Berstell approached my cell and requested that I sign the ?Notice of Assistance Assistant Form Page I told Mr. Berstell that he had not completed my requests and had not written down everything that I requested. Defendant Berstell stated that he had done all that he was going to do. I stated that I was refusing to sign the form as I was not satis?ed with the assistance that he had provided. On May 13, 2015, Defendant Gutwein reconvened the Superintendent?s Hearing. The following witnesses were interviewed: Defendants Hennig and Sergeant Osborne (via speaker phone). Case Document 2 Filed 01/24/17 Page 10 of 22 60. 61. 62. 63. 64. 65. 66. Defendant Hennig testi?ed that he was assigned to escort inmates to medication and was present when I was brought in from the yard. However, he did not identify who had escorted me in from the yard. He further testi?ed that, despite being assigned to medication escort, he ordered me to submit to a pat frisk that he then conducted. He further testi?ed that he had received a minor abrasion to his left and that photos were taken. I rebutted this testimony by stating that I had been on ?Loss of Recreation? status and that it was therefore impossible for me to have been in the yard. I stated that defendant Hennig had come to my cell and escorted me from block to the corridor. I further requested to be provided with the defendant Hennig?s alleged post incident injury photos. I objected to the pre-hearing assistant?s denial of my requests. First, I had requested a copy of the log book of the corridor to know who the of?cers were that were assigned to that area. My assistant refused to copy the log book and stated that he had been unable to read the entries. I renewed my for the log book entries to defendant Gutwein in order to identify who the other of?cers were that were working in the corridor. I also requested that Sergeant Carter, Nurse Genet, the State Police contact person, C.O. Ernst, C.O. Coops, C.O. Wazinski, and CO. Dillon be called as witnesses. I also requested the investigator from the Inspector General?s Of?ce (now called ?Of?ce of Special Investigations?) that I had spoken to on March 24, 2015 to be a witness. Finally, I requested to know who the of?cers were that were working in the yard on the date of the incident so that I could potentially call them to rebut the claim that I had been in the yard. I further requested copies of my injury photos as well as any names and photos of of?cers that claimed injury. A copy of the video tape of the yard, a copy of the ?Go Around? list created by the block of?cer that records who requested recreation that day, and a copy of the Unusual Incident Report I also requested to see the alleged pills that were alleged to have been recovered at the incident. Finally, I requested that I be provided with a copy of the disposition of the Tier II hearing completed on March 24, 2015. I also objected to the timeliness of the hearing and requested a copy of the extension. Sergeant Osborne was interviewed by speaker phone. He testi?ed that he had been called to the corridor after I had been pulled in from the yard. He did not identify who had pulled me in from the yard. He denied telling C.O. Hennig to retrieve me from my cell to be seen by him. He also denied asking me any question concerning my conversation with the investigator from the of?ce. He also denied seeing me escorted in from the yard. He stated that he had not assaulted me, that Hennig and Ernst were the 10 Case Document 2 Filed 01/24/17 Page 11 of 22 67. 68. 69. 70. 71. 72. 73. 74. 75. 76. 77. only of?cers involved in the use of force on me, and that Sergeant Carter was a part of the response team but that he could not recall how many of?cers responded. He also stated that I was placed in restraints without the response team assisting. Defendant Gutwein denied my questions regarding defendant Sergeant Osbome?s past history of use of force incidents. I requested that defendant Gutwein investigate my claims that I was not in the yard as alleged by the of?cers and that I was on ?Loss of Recreation? status. Defendant Gutwein stated that he had placed the requested photos in the hearing packet and showed them to me. These photos consisted of the alleged pills that were recovered, my injury photos, and photos of CO. Hennig, C.O. Ernst and Sergeant Osborne. However, I was not able to see the photos due to being behind plexiglass and not having my glasses. When I requested that he allow me to see them at a closer distance, defendant Gutwein refused to even acknowledge the request. The hearing was adjourned again until June 16, 2015. On May 24, 2015, I submitted a letter to the Ms. Stanaway, Inmate Grievance Program Supervisor concerning my desire to appeal Grievance 79448?15 and Grievance 79494-15 to the Superintendent due to inaction by the Inmate Grievance Committee. On June 4, 2015, Superintendent Grif?n denied Grievance #79494-15. On June 8, 2015, I submitted a supplemental memo concerning Grievance #79494-15, wherein I stated the names of Of?cers Morell, Dillon and Freeman as being involved in assaulting me on April 11, 2015. On June 12, 2015, Ms. Stanaway responded to my June 8, 2015 memo concerning Grievance #79494?15 by stating that the investigation was complete and that any further information should be attached to my appeal. On June 12, 2015, I submitted an appeal of the denial of Grievance 79494- 15 to the Central Of?ce Review Committee. On June 16, 2015, Defendant Gutwein reconvened the Superintendent?s Hearing. Also, the Commissioner?s Hearing Of?cer Bersini was present, as an observer, during the hearing. The following witness was interviewed: Defendant Ernst. Defendant Ernst testified that he had brought me in from the yard for allegedly acting suspicious. He stated that I was pat frisked and that two 11 Case Document 2 Filed 01/24/17 Page 12 of 22 78. 79. 80. 81. 82. 83. alleged Neurotin pills were recovered. He stated that he called defendant Sergeant Osborne, the area supervisor. He stated that he was assigned to the yard on the night of the alleged incident. He stated that he was the one who determined that I had been acting suspicious but could not recall in what way I had been acting suspicious. He also stated that he had injuries on both his left and right hand caused by me during the ?struggle?. Finally, he recalled the presence of CO. Hennig and another unnamed of?cer (who was assigned to the corridor). On June 17, 2015, Defendant Gutwein reconvened the Superintendent?s Hearing. Also, the Commissioner?s Hearing Of?cer Bersini was present, as an observer, during the hearing. Defendant Gutwein provided me a redacted copy Directive 4004 entitled ?Unusual Incident Report?. I had never asked for the redacted copy of this directive. Rather, I had asked for a non-redacted copy of the Unusual Incident Report that was written in connection to this incident to ascertain if any of?cers had claimed any injuries (See paragraphs #50 The hearing was adjourned for approximately 12 minutes for me to review Directive #4004. When the hearing reconvened, I requested to know if the alleged Neurotin pills were properly tested and or identi?ed. The hearing of?cer stated that it was not his duty to ascertain if the drugs were properly tested or identi?ed. I also objected to the Unusual Incident Report which was written in connection to the incident as not being in compliance with the D.O.C.C.S. Directive 4004. I also objected, again, to the photos that were placed in the record as I was unable to see them due to my glasses be thrown away by defendant Hennig. I further requested permission to be able to see them at the hearing up close and was denied without any reason being given. Defendant Gutwein then asked me to reiterate all of my desired witnesses, including those that I had already requested and that he had not called. I had attempted to remember all of them but I requested the following witnesses: 1) Nurse S. Ganet, 2) Sergeant Carter, 3) CO. Schelder, 4) CO. Freeman, 5) CO. Morell, 6) CO. Coops, 7) CO. Wazinski, 8) CO. Dillon, 9) The investigator from the of?ce, 12 Case Document 2 Filed 01/24/17 Page 13 of 22 10) The State Police contact person, and 11) And any witnesses named previously during the hearing. 84. Defendant Gutwein then asked me to reiterate all of my desired evidence to be submitted, including those that I had already requested and that he had not been submitted. I had attempted to remember all of them but I requested the following evidence to be submitted or obtained: 1) the videotapes of the yard, 2) the disposition of the Tier 11 hearing completed on March 24, 2015, 3) the ?Go Around? list, and 4) anything previously requested and not produced or submitted. 85. The hearing was adjourned again until June 18, 2015. 86. On June 18, 2015, Defendant Gutwein reconvened the Superintendent?s Hearing. Also, the Commissioner?s Hearing Of?cer Bersini was present, as an observer, during the hearing. Defendant Gutwein state on the record his reasons for denial of the video and for a number of requested witnesses. 87. The following were denied for the following reasons on a written Form 2176: Requested Reason Given 1) The Video No Video of the incident 2) ?Go Around List? Unavailable 3) Sergeant Osborne Testi?ed by speaker Mv Ohiection to Reason Videos requested were not of the incident but of the yard and housing/corridors and Videos were timely requested of pre-hearing assistant and hearing of?cer Hearing took over 2 months to complete. The list was timely requested by me from both the pre?hearing assistant and the hearing of?cer. It was not preserved through intent to hinder my defense None 88. On June 18, 2015, the Superintendent?s Hearing was concluded and the Hearing Of?cer found me guilty of Violating Rules 114.11 ?Violent Conduct?, 100.11 ?Assault on Staff?, 113.14 ?Unauthorized Medication?, 114.10 ?Smuggling?, 107.10 ?Interference with Employee?, and 106.10 ?Refusing a Direct Order? and imposed the following sanctions: 13 Case Document 2 Filed 01/24/17 Page 14 of 22 89. 90. 91. 92. 93. 94. 270 days Special Housing Unit con?nement 270 days Loss of Package, Commissary, and Phone Privileges A Month Loss of Recommended Good Time and Con?scate (Medication) At the conclusion of the hearing, defendant Gutwein provided the plaintiff with additional written Form 2176 ?Witness Interview Notice? forms stating the reasons for the exclusion of the following witnesses from the hearing. However, he did not state on the record the reasons for their denial or give me an opportunity to object. 1) Nurse Genet 2) CO. Suedeker 3) CO. Dillon 4) CO. Rosinsky 5) CO. Coons 6) CO. Freeman 7) CO. Morel 8) Sergeant Carter 9) Investigator of the Of?ce of Special Investigations 10) State Police Contact On June 23, 2015, I wrote to F. Bernstein, MD Facility Health Service Director to complain that I was not receiving adequate medical attention On June 29, 2015, I ?led a timely appeal challenging the Superintendent?s Hearing. On July 3, 2015, I mailed a Notice of Intention to File a Claim to the New York State Attorney General?s Of?ce via Certi?ed Return Receipt Requested. The Notice of the claim is speci?ed in the following text: ?This Claim is for assault and for negligence by the State of New York for failure to provide reasonable and adequate medical care on 4/11/15 (Date of incident) and thereafter.[and for] the assault by staff. (sic) (bracketed text not in original) And for failure to properly asses (sic) injuries as to cause claimant prolong serious injuries. (sic)? On July 8, 2015, I wrote to Ms. Stanaway, Inmate Grievance Program Supervisor, concerning my desire to appeal Grievances #79494?15, 79448-15, and 79510?15. The ground upon which I wanted to appeal was due to inaction by the Superintendent in responding to my appeals of the above grievances. On July 9, 2015, Ms. Stanaway responded to my July 8th letter by informing me that Grievance #79494-15 had been sent to CORC (Central Of?ce Review 14 Case Document 2 Filed 01/24/17 Page 15 of 22 Committee) on July 3, 2015. She further stated that Grievance 79448?15 was awaiting the Superintendent?s Decision. She did not state the status of Grievance 79510-15. 95. On July 9, 2015, Superintendent Grif?n af?rmed Grievance #79448?15. I subsequently appealed to the Central Of?ce Review Committee. 96. On July 15, 2015, the Inmate Grievance Program received my Grievance #80174-15, which I submitted regarding my request to receive appropriate medical treatment. This was ?led July 16, 2015. 97. On August 17, 2015, the Inmate Grievance Resolution Committee voted to grant my Grievance #80174-15. 98. On August 20, 2015, D. Venettozzi, Director, Special Housing Inmate Disciplinary Program issued a Review of Superintendent?s Hearing af?rming the Superintendent?s Hearing completed on June 18, 2015. 99. On September 1, 2015, the Central Office Review Committee received my appeal of Grievance #79448-15. 100. On September 15, 2015, I submitted a letter of reconsideration to D. Venettozzi seeking a reconsideration of his August 20, 2015 decision af?rrning the Superintendent?s Hearing completed on June 18, 2015. 101. On September 30, 2015, the Central Of?ce Review Committee ?unanimously accepted in part? by upholding the determination rendered by the Superintendent of Grievances #79448? 1 5 and #79510-15. 102. On October 6, 2015, Superintendent Grif?n af?rmed Grievance #80174? 15. 103. On November 3, 2015, D. Venetozzi wrote to me regarding my letter of reconsideration and stated that he felt that there were no grounds to grant any relief to me regarding the Superintendent?s Heating completed on June 18, 2015. 104. On November 4, 2015, the Central Of?ce Review Committee upheld the Superintendent?s determination of Grievance #79494?15. 105. In 2015, I ?led a petition pursuant to Article 78 of the New York State Civil Practice Law and Rules (hereinafter ?Article This petition was ?led in Albany County Court. Matter of Anderson v. Venetozzi [Albany County Index No.: 5172?15]) 15 Case Document 2 Filed 01/24/17 Page 16 of 22 106. The Article 78 petition was transferred to the Appellate Division, Third Department, as it raised an issue of insuf?cient evidence, pursuant to CPLR ?7804(g). 107. I was released from the Special Housing Unit after serving the entire penalty imposed by the hearing of?cer. 108. On March 1, 2016, the Central Of?ce Review Committee received my appeal of Grievance #80174?15. 109. On March 23, 2016, the Central Of?ce Review Committee ?Unanimously Accepted in Part? the determination of the Superintendent on Grievance #80174-15. 110. On August 10, 2016, A. Rodriguez, Acting Director, Special Housing Inmate Disciplinary Program issued a Review of Superintendent?s Hearing. This review states: ?On behalf of the Commissioner, please be advised that your Superintendent?s Hearing of June 18, 2015, has been Administratively Reversed on August 10, 2016.? 111. On August 16, 2016, the Attorney General?s Of?ce ?led a letter to the Clerk of the Court of the Appellate Division, Third Department requesting that the case be dismissed as moot due to the Administrative Reversal (Matter of Anderson {00~a~0502) v. Venctozzi [Appellate Division Docket No.: 522845]). 112. On December 8, 2016, the New York State Appellate Division, Third Department dismissed the Article 78 proceeding as being moot. (Anderson v. Venettozzi 2016 WL 7129445.) CAUSE OF ACTION First cause of action: Cruel and Unusual Punishment 113. The ?rst cause of action lies in the violation of my Eighth Amendment right to be free from cruel and unusual punishment. The in?iction of cruel and unusual punishment, in this regard, consists in the defendant?s willful and premeditated assault and battery upon me. The assault and battery consisted of punches, kicks, baton strikes, elbow and knee strikes, and the in?iction of pain by violently twisting my handcuffs. 16 Case Document 2 Filed 01/24/17 Page 17 of 22 114. Upon information and belief, I aver that there was no cause for these of?cers to assault me. This was a willful and premeditated action to punish me for speaking to an investigator of the Inspector General?s Of?ce. The New York State Department of Corrections and Community Supervision?s policy directly prohibits the use of unlawful assault and battery upon inmates by their staff. All assaultive action by the D.O.C.C.S. staff was perpetuated without reason and in the presence of, or by active participation by, or by the tacit non-involvement by, Correctional Of?cers and Sergeants. Second cause of action: Denial of Medical Treatment/Wanton In?iction of Unnecessary Pain 115. The second cause of action lies in the defendant?s deliberate indifference to my serious medical issues and needs (and thereby causing an unnecessary in?iction of pain and suffering) which deprived me of my rights under the Due Process Clause of the Fourteenth Amendment to the United States Constitution. 116. Upon information and belief, I aver that there was no cause for the medical staff to ignore my valid requests for appropriate medical treatment. This was a willful and premeditated action to cause me excessive and unwarranted pain and suffering for speaking to an investigator of the Inspector General?s Of?ce. I believe that the actions of the medical staff were also motivated by the fear of themselves being subject to retaliation by the defendant Correction Of?cers and Sergeants. Third cause of action: Denial of Free Speech 117. The third cause of action lies in the violation of my First Amendment right to seek redress from grievances against state employees and the right to free exercise of speech. 118. Upon information and belief, Sergeant Osborne, C.O. Hennig and CO. Ernst planned and executed an assault upon me in retaliation for my speaking to the investigator from the Inspector General?s Of?ce. The intent of this assault was to foster fear within me and to prevent me from seeking redress of grievances against the abuses committed by the staff of Green Haven Correctional Facility. As a result of this assault, I am extremely afraid of all staff and I experience intense bouts of stress and insomnia. I want to seek treatment but I am afraid that it would require discussing the assault and I am afraid that I will be assaulted again. 17 Case Document 2 Filed 01/24/17 Page 18 of 22 Fourth cause of action: Denial of Due Process 119. The fourth cause of action lies in the violation of my rights under the Due Process Clause of the Fourteenth Amendment of the United States Constitution before being deprived of liberty and/or being subjected to corporal punishment. 120. Upon information and belief, I aver that there was no cause for the issuance of the misbehavior report, the ?nding of guilt at the Superintendent?s Hearing, or the imposition of the penalty by the defendant Hearing Of?cer. This was a willful and premeditated action to cause me excessive and unwarranted loss of liberty, privileges, and atypical and signi?cant amount of pain and suffering caused thereby, for speaking to an investigator of the Inspector General?s Of?ce. The defendant hearing of?cer denied me any opportunity to prepare a defense by denying relevant documentary evidence and witnesses by the pre?hearing assistant and the hearing of?cer. EXHAUSTION OF ADMINISTRATIVE REMEDIES Inmate Grievance Procedure 121. On April 15, 2015, I submitted a Grievance (Log #79494-15), which was received by the Grievance Committee on April 29, 2015 but was not ?led until May 6, 2015. 122. On April 19, 2015, I ?led a grievance about the lack of appropriate medical attention that I was experiencing. (Grievance This grievance was ?led April 21, 2015. As a result of the investigations concerning this grievance, it was discovered that Dr. Bentivegna had not recorded many of my complaints my back injury, ??oaters? in both eyes, chronic headaches, sore ribs, thigh, and feet). 123. On May 24, 2015, I submitted a letter to the Ms. Stanaway, Inmate Grievance Program Supervisor concerning my desire to appeal Grievance 79448-15 and Grievance 79494-15 to the Superintendent due to inaction by the Inmate Grievance Committee. 124. On June 4, 2015, Superintendent Grif?n denied Grievance #79494-15. 125. On June 8, 2015, I submitted a supplemental memo concerning Grievance #79494?15, wherein I stated the names of Of?cers Morell, Dillon and Freeman as being involved in assaulting me on April 11, 2015. 18 Case Document 2 Filed 01/24/17 Page 19 of 22 126. On June 12, 2015, Ms. Stanaway responded to my June 8, 2015 memo concerning Grievance #79494-15 by stating that the investigation was complete and that any further information should be attached to my appeal. 127. On June 12, 2015, I submitted an appeal of the denial of Grievance 79494?15 to the Central Of?ce Review Committee. 128. On June 23, 2015, I wrote to F. Bernstein, MD - Facility Health Service Director to complain that I was not receiving adequate medical attention. 129. On July 8, 2015, I wrote to Ms. Stanaway, Inmate Grievance Program Supervisor, concerning my desire to appeal Grievances #79494-15, 79448-15, and 79510-15. The ground upon which I wanted to appeal was due to inaction by the Superintendent in responding to my appeals of the above grievances. 130. On July 9, 2015, Ms. Stanaway responded to my July 8th letter by informing me that Grievance #79494?15 had been sent to CORC (Central Of?ce Review Committee) on July 3, 2015. She further stated that Grievance 79448-15 was awaiting the Superintendent?s Decision. She did not state the status of Grievance 79510-15. 131. On July 9, 2015, Superintendent Grif?n af?rrned Grievance #79448?15. I subsequently appealed to the Central Of?ce Review Committee. 132. On July 15, 2015, the Inmate Grievance Program received my Grievance #80174?15, which I submitted regarding my request to receive appropriate medical treatment. This was ?led July 16, 2015. 133. On August 17, 2015, the Inmate Grievance Resolution Committee voted to grant my Grievance #80174-15. 134. On September 1, 2015, the Central Of?ce Review Committee received my appeal of Grievance #79448?15. 135. On September 30, 2015, the Central Of?ce Review Committee ?unanimously accepted in part? by upholding the determination rendered by the Superintendent of Grievances #79448-15 and #79510-15. 136. On October 6, 2015, Superintendent Grif?n af?rmed Grievance #80174? 15. 137. On November 4, 2015, the Central Of?ce Review Committee upheld the Superintendent?s determination of Grievance #79494?15. 19 Case Document 2 Filed 01/24/17 Page 20 of 22 Inmate Disciplinaty Appeal 138. On June 29, 2015, I ?led a disciplinary appeal challenging the disciplinary hearing conducted by Defendant Eric Gutwein 139. On August 20, 2015, D. Venettozzi, Director, Special Housing Inmate Disciplinary Program issued a Review of Superintendent?s Hearing af?rming the Superintendent?s Hearing completed on June 18, 2015. 140. On September 15, 2015, I submitted a letter of reconsideration to D. Venettozzi seeking a reconsideration of his August 20, 2015 decision af?rming the Superintendent?s Hearing completed on June 18, 2015. 141. On November 3, 2015, D. Venetozzi wrote to me regarding my letter of reconsideration and stated that he felt that there were no grounds to grant any relief to me regarding the Superintendent?s Hearing completed on June 18, 2015. 142. On August 10, 2016, A. Rodriguez, Acting Director, Special Housing Inmate Disciplinary Program issued a Review of Superintendent?s Hearing. This review states: ?On behalf of the Commissioner, please be advised that your Superintendent?s Hearing of June 18, 2015, has been Administratively Reversed on August 10, 2016.? PLAINTIFF SEEKS A TRIAL BY JURY ON ALL ISSUES. RELIEF SOUGHT WHEREFORE, Jerome Anderson prays for judgment in his favor against each defendant as follows: 143. INJUNCTIVE ORDER: Plaintiff seeks an order that permanently removes each defendant found liable from their employment or, in the alternative, enjoins them from having any contact with inmates. 144. DECLARATORY JUDGMENT: Plaintiff seeks that this court pronounces the constitutional nature of each violation that the defendants are found liable for violating. 20 Case Document 2 Filed 01/24/17 Page 21 of 22 145. COMPENSATORY JUDGMENT: Plaintiff seeks compensatory judgment in the amount of $2,000,000.00 (Two Million Dollars) for both the physical injury sustained and the amount of time spent in the Special Housing Unit. 146. PUNITIVE DAMAGES: Plaintiff seeks that this court orders the defendants to pay $5,000,000.00 (Five Million Dollars). 147. COSTS AND FEES: Plaintiff request that this court order the defendants to pay the costs and fees incurred by the plaintiff in the litigation of this action. 148. The plaintiff seeks any further relief deemed just and equitable by this court. I have read the foregoing complaint and hereby verify that the matters alleged therein are true, except as to those matters alleged upon information and belief, and, as to those, I believe them to be true. Pursuant to 28 U.S.C. 1746, I declare and verify under the penalty of perjury'under the laws of the United States of America that the foregoing is true and correct. 4 Executed 0111.513 "g 54-34 [if - Jerome Anderson 10A0502 (Plaintiff Pro Se) i- Great Meadow Correctional Facility 11739 State Route 22, PO. Box 51 Comstock, New York 12821-0051 21