United States District Court, D. Massachusetts
JOSE L. NEGRON, Plaintiff,
THOMAS TURCO, III, ABBE NELLIGAN, COLETTE GOGUEN, LUIS MELENDEZ, and LORI CRESEY Defendants.
MEMORANDUM AND ORDER
TIMOTHY S. HILLMAN DISTRICT JUDGE
the Court are Plaintiff's Motion to Amend Complaint (ECF
No. 74), Plaintiff's Motion to Amend Complaint and
Substitute Party (ECF No. 75), and Plaintiff's Motion for
Preliminary Injunction. (ECF No. 76). Remaining
defendants Thomas Turco, III, Abbe Nelligan, Collette
Goguen, and Luis Melendez have opposed the motions, along
with proposed defendant Lori Cresey. For the reasons stated
below, plaintiff's motions to amend are allowed in part
and denied in part, the Second Amended Complaint is dismissed
except as to Counts III and Count IV, and the motion for a
preliminary injunction is denied.
October 17, 2016, pro se prisoner plaintiff Jose
Negron filed a voluminous complaint against defendants Thomas
Turco, III, Commissioner of the Department of Corrections,
Thomas Dickhaut, Deputy Commissioner Department of
Corrections, Kelly Ryan, Superintendent of MCI Shirley, Lois
Russo, Superintendent of MCI Concord, Colette Goguen,
Superintendent of MCI Gardner, Abbe Nelligan, Deputy of
Classification, and Luis Mendez, Internal Perimeter
Commander. Along with his complaint, plaintiff filed a motion
to proceed in forma pauperis, a motion for
preliminary injunction, and a motion for appointment of
November 4, 2016, plaintiff filed a motion to amend his
complaint. On November 16, 2016, the Court allowed the motion
to proceed in forma pauperis, assessed an initial
filing fee, denied the motion for appointment of counsel
without prejudice, and allowed the motion to amend the
February 8, 2017, defendants Turco, Nelligan, Goguen, and
Melendez filed a joint motion to dismiss the complaint. On
February 21, 2017, plaintiff opposed the motion to dismiss.
April 14, 2017, with leave of court, defendants Turco,
Nelligan, Goguen, and Melendez responded to the motion for
preliminary injunction. On April 28, 2017, plaintiff filed a
“stipulation of dismissal” of defendants Thomas
Dickhaut, Kelly Ryan, and Lois Russo, substantially narrowing
the scope of this action. All claims against these defendants
will be dismissed without prejudice.
11, 2017, plaintiff filed a motion for leave to file a
supplemental amended complaint and for joinder. The remaining
defendants opposed the motions.
26, 2017, the court issued a Memorandum and Order providing
the plaintiff with a final opportunity to amend and
supplement his complaint to conform to the basic rules of
civil procedure. Plaintiff filed two motions to amend the
complaint, a Notice of Clarification concerning the exhibits
to the complaint, and a motion for a preliminary injunction.
All of these motions are timely opposed.
following allegations are taken from the Second Amended
Complaint, and documents referred to therein, and are
accepted as true only for purposes of the Court's
screening of the Second Amended Complaint.
Reclassification from SBCC to MCI - Concord
is currently an inmate at Souza-Baranowski Correctional
Center, a maximum security prison in Shirley, Massachusetts.
Second Amended Compl. ¶ 3. In February 2015, plaintiff
sought a reclassification from SBCC. During this process,
plaintiff alleges that he renewed his safety and security
concerns about his disassociation and bad standing with
Security Threat Group (“STG”) Latin Kings (the
“STG Concerns”). Second Amended Compl. ¶10.
April 15, 2015, plaintiff wrote a letter to prison
administrators expressing his STG Concerns relating to his
proposed new placement. Second Amended Compl. ¶ 11. The
letter is not attached to the complaint.
April 22, 2015, plaintiff was notified by prison
administration that his STG Concerns would be forwarded to
defendant Lori Cresey, Director of Central Classification.
Second Amended Compl. ¶ 12.
5, 2015, defendant Abbe E. Nelligan, Deputy Classification
Director, reviewed the appeal and modified the placement.
Second Amended Compl. ¶13. Nelligan sustained the
re-classification to medium security but modified the
location to MCI-Concord. Second Amended Compl. ¶13.
Plaintiff alleges that Nelligan knew of, and disregarded,
plaintiff's STG Concerns.
Amended Compl. ¶¶ 9-11.
Allegedly Given the Option of Protective Segregation or
General Population at MCI - Concord
12, 2015, plaintiff was transferred to MCI - Concord. Second
Amended Compl. ¶14. Plaintiff was met by non-defendant,
Inner Perimeter Security (“IPS”) Officer Juan
Ayala, a “subordinate” of defendant Luis Melendez
who “reconfronted about old wounds.” Second
Amended Compl. ¶15. MCI-Concord personnel were
apparently aware of the plaintiff's STG Concerns because
at some point in May, plaintiff was “confronted”
by non-defendant, IPS Sergeant Kahn and was provided two
options: “spend the summer in the hole” or sign a
waiver to be released to general population. Second Amended
Complaint, ¶ 16. According to the plaintiff, he chose to
sign the waiver under “duress/coerced” and was
released to general population. Second Amended Compl.
Allegedly Assaulted at MCI - Concord Because of His
Disassociation Hearing and Activities At MCI - Concord
August 18, 2015, plaintiff filed a “request and
complaint” to Inner Perimeter Security claiming that he
was no longer affiliated with the Latin Kings and that his
STG status should be changed. Second Amended Compl. ¶17,
Exhibit C(1). On August 27, 2015, plaintiff attended an STG
Renouncement interview. Second Amended Compl. ¶ 18.
Plaintiff claims that in September 2015 he was confronted by
an STG member about the IPS meeting and renouncement. Second
Amended Compl. ¶19. Plaintiff claims the renouncement
process was allegedly exposed to STG members at MCI - Concord
by unnamed prison personnel. Second Amended Compl. ¶20.
Plaintiff confronted IPS Officer Ayala about the purported
leak of information. Second Amended Compl. ¶ 21.
According to plaintiff, IPS Officer Ayala is a family member
of defendant Melendez. Second Amended Compl. ¶23. IPS
Officer Ayala warned plaintiff and told him to mind his own
business. Second Amended Compl. ¶22-23.
September 16, 2015, plaintiff was assaulted by STG members.
Second Amended Compl. ¶24. While at the MCI - Concord
Health Service Unit, plaintiff was informed by Officer Ayala
that due to safety concerns he would not be being released
from segregation. Second Amended Compl. ¶25. Plaintiff
claims he was placed in segregation for non-disciplinary
reasons due to conflict and was not provided an emergency
re-classification hearing. Second Amend. Compl. ¶26.
September 29, 2015, plaintiff alleges that a
“subordinate” frivolously filed a disciplinary