On August 14, 2013, plaintiff appealed the IGRC decision to the superintendent. The committee concluded that plaintiff's mail was lost. However, plaintiff did not sign for any legal mail on, or immediately after, those dates.
The committee found that packages were received from plaintiff's attorney on Apand April 12, 2013. On July 31, 2013, the Inmate Grievance Review Committee ("IGRC") issued a response accepting the grievance, in part. Hammond concluded that plaintiff's mail was lost and that his grievance "has merit." Id. Hammond conducted the investigation and determined that a package was received from Grimmick on Apand April 12, 2013, but that plaintiff did not sign for the legal mail. Black, the Inmate Grievance Program ("IGP") Supervisor, forwarded a memorandum to plaintiff advising that an investigation into plaintiff's grievance was ongoing. Plaintiff did not name or identify Hammond or Goppert in the grievance. Plaintiff alleged that his mail was destroyed in "retaliation for filing a federal lawsuit against Sgt. On June 18, 2013, plaintiff filed a grievance (GNE-7830-13) claiming that his legal mail was "destroyed" or "not given to for some reason." 6 Dkt. Plaintiff did not see Hammond or Goppert destroy his legal mail, nor was he told that Hammond or Goppert had destroyed his legal mail. Plaintiff, however, did not receive the referenced enclosures. In the letter, Grimmick indicated that he enclosed copies of plaintiff's "Appellant's Brief and Appendix" and plaintiff's "Record on Appeal." Dkt. On or about March 27, 2013, plaintiff received a letter from his attorney, Eugene Grimmick, Esq. In Nicholson I, plaintiff alleged that Miller threatened him, retaliated against him and used excessive force. On March 12, 2013, plaintiff filed a complaint in the United States District Court for the Northern District of New York against Miller. Plaintiff never encountered Miller while he was incarcerated at Greene. Plaintiff did not come into contact with Hammond or Goppert while he was incarcerated at Bare Hill. Miller ("Miller"), an officer at that facility. While confined at Bare Hill, plaintiff filed a grievance against Sgt. Prior to his incarceration at Greene, plaintiff was confined at the Bare Hill Correctional Facility ("Bare Hill"). Defendants Captain Linda Goppert ("Goppert") and Corrections Officer Snide ("Snide") were also employed at Greene. Hammond was responsible for investigating and responding to inmate complaints related to the mailroom. 3 At the relevant times, defendant Marie Hammond ("Hammond") was the Deputy Superintendent for Program Services at Greene. Underlying Factsįrom Januthrough July 23, 2014, plaintiff was a prison inmate held in DOCCS custody at the Greene Correctional Facility ("Greene"). For the reasons set forth below, I recommend that plaintiff's motion for summary judgment be denied and that defendants' motion be granted. § 1983, alleging that the defendants deprived him of his civil rights by destroying his legal mail, retaliating against him, and denying him equal protection, in violation of his rights under the First and Fourteenth Amendments.Ĭurrently pending before the court are cross-motions for summary judgment. Nicholson has commenced this action asserting claims arising out of his confinement in the custody of the New York State Department of Corrections and Community Supervision ("DOCCS"), pursuant to 42 U.S.C.
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