Williams v. King
Williams v. King
Opinion of the Court
MEMORANDUM OPINION AND ORDER
I. INTRODUCTION AND BACKGROUND
In an Opinion and Order dated August II, 2014 (“August 11 Order”), I granted in part and denied in part Defendants’ motion for summary judgment.
For the following reasons, summary judgment is granted as to Katz and Hug-gler on the retaliation claims relating to the May 2010 cell search. Additionally, Williams’s retaliation claims relating to the February 2013 cell search and the 2010 disciplinary hearing are hereby dismissed.
II. MOTION FOR RECONSIDERATION STANDARD
“The standard for granting ... a motion [for reconsideration] is strict, and reconsideration will generally be denied unless the moving party can point to controlling decisions or data that the court overlooked — matters, in other words, that might reasonably be expected to alter the conclusion reached by the court.”
III. DISCUSSION
A. Williams’s Factual Clarifications Are Adopted, But Do Not Affect the August 11 Order
Williams asserts that the August 11 Order dismissing the 2010 retaliation claims against Katz and Huggler overlooked the
In the grievance, Williams requested information about who authorized. Huggler to search his cell.
Nonetheless, Williams has failed to state a retaliation claim against Katz and Huggler with respect to the May 26, 2010 cell search. As stated in the August 11 Order, while the Second Circuit has held that a cell search may not constitute an adverse action, the alleged planting of evidence and other allegedly disproportionate administrative actions that follow can.
B. The Retaliation Claims against King and Mead Related to the 2010 Disciplinary Hearing Are Dismissed
Williams seeks clarification on whether the trier of fact will hear the First Amendment retaliation claims against (1) King for appointing a biased hearing officer for Williams’s disciplinary hearing relating to the May 2010 cell search, and (2) Mead for conducting the hearing in a biased manner (collectively, the “Hearing Retaliation Claims”).
By withdrawing his due process claim as to the conduct of that hearing, it was reasonable to assume that Williams was no longer challenging that hearing in any respect. As a result, all claims relating to that hearing, including King’s appointment of Mead as the hearing officer, and Mead’s actions in that hearing, are dismissed. Accordingly, no remaining claims related to the hearing will be heard by the trier of fact.
IV. CONCLUSION
For the reasons given above, the August 11 Order is clarified and summary judgment is granted in the following respects:
1) Defendants’ summary judgment motion as to Williams’s First Amendment retaliation claims against Katz and Huggler is granted;
2) Williams’s retaliation claim relating to the February 2013 cell search and subsequent disciplinary hearing is dismissed;
3) Williams’s retaliation claims against King and Mead related to the 2010 disciplinary hearing are dismissed.
The August 11 Order remains in effect in all other respects.
SO ORDERED.
. See Williams v. King, No. 11 Civ. 1863, 56 F.Supp.3d 308, 2014 WL 3925230 (S.D.N.Y. Aug. 11, 2014). The Court assumes the parties’ familiarity with the facts.
. See 9/11/14 Letter from Rebecca Rettig and Alexander J. Scolnik, Counsel for Williams, and Michael J. Keane and Inna Ringh, Counsel for Defendants (“Reconsideration Letter”).
. Hochstadt v. New York State Educ. Dept., 547 Fed.Appx. 9, 10 (2d Cir. 2013) (citing Shrader v. CSX Transp., Inc., 70 F.3d 255, 257 (2d Cir. 1995)).
. In re Initial Pub. Offering Sec. Litig., 399 F.Supp.2d 298, 300 (S.D.N.Y. 2005) (internal citation and quotation omitted), aff'd sub nom. Tenney v. Credit Suisse First Boston Corp., Nos. 05 Civ. 3430, 05 Civ. 4759, and 05 Civ. 4760, 2006 WL 1423785, at *1 (2d Cir. May 19, 2006).
. Kolel Beth Yechiel Mechil of Tartikov, Inc. v. YLL Irrevocable Trust, 729 F.3d 99, 104 (2d Cir. 2013) (citing Virgin Atl. Airways, Ltd. v. National Mediation Bd., 956 F.2d 1245, 1255 (2d Cir. 1992)).
. See Reconsideration Letter at 1.
. Id. at 4.
. See id. at 5.
. Espinal v. Goord, 558 F.3d 119, 126 (2d Cir. 2009).
. Stewart v. Fischer, No. 11 Civ. 2184, 2013 WL 5637715, at *6 (S.D.N.Y. Oct. 15, 2013) (citations and quotations omitted).
. See 6/22/10 Williams Grievance, WB 14857-10, Bates 162, Ex. 16 to Rettig Decl.
. See Letter from Huggler to Sgt. L Bowers, Re: Grievance WB 14857-10, Bates 170, Ex. 16 to Rettig Decl.
. The claims relating to the 2013 cell search and subsequent disciplinary hearing are dismissed as unexhausted. While Williams argues that he exhausted his administrative remedies for this grievance, the purported grievance was not submitted in opposition to Defendants’ motion for summary judgment. Thus there is no evidence that this claim was exhausted.
. See 5/3/13 Notice of Motion to Supplement/Amend Complaint. "When a plaintiff seeks to add a new defendant in an existing action, the date of the filing of the motion to amend constitutes the daté the action was commenced for statute of limitation purposes.” Rothman v. Gregor, 220 F.3d 81, 96 (2d Cir. 2000).
. See August 11 Order, 2014 WL 3952530, at *10.
. See id.
. See Reconsideration Letter at 6.
. See id.
. See 3/19/14 Stipulation of Dismissal with Prejudice ("Stipulation”).
. See id.
Reference
- Full Case Name
- Andrew WILLIAMS v. Jean G. KING, Deputy Superintendent of Program (DSP), Imam Abdul Latif, Facility Muslim Chaplain, Lt. W. Mead, C.O. R. Huggler, and Lt. S. Katz
- Cited By
- 4 cases
- Status
- Published