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Juan Robles v. Charles Albino

July 26, 2011

JUAN ROBLES, PLAINTIFF,
v.
CHARLES ALBINO, ET AL, DEFENDANTS.



The opinion of the court was delivered by: Hillman, District Judge

OPINION

Plaintiff, Juan Robles, brings this civil rights action against Defendant, Charles Albino, administrator of Southern State Correctional Facility, and unnamed corrections officers. Plaintiff alleges that corrections officers employed excessive force against him and otherwise harassed him, and that Albino failed to adequately investigate the officers' misconduct.

Presently before this Court is Albino's motion to dismiss the claims against him. For the reasons expressed below, Albino's motion will be granted. Plaintiff, however, shall have leave to amend his complaint.

I. JURISDICTION

Plaintiff has brought his claims pursuant to 42 U.S.C. § 1983. This Court has jurisdiction over Plaintiff's federal claims under 28 U.S.C. § 1331.

II. BACKGROUND

Plaintiff is a pro se litigant who, at the time he suffered the alleged misconduct was incarcerated at Southern State Correctional Facility.*fn1 On March 4, 2009, an unnamed corrections officer grabbed Plaintiff by the neck and made a series of threats.*fn2 This incident caused Plaintiff to fear for his safety, and as a result, on April 5, 2009, Plaintiff voluntarily entered into the temporary close custody unit.

On April 8, 2009, Plaintiff met in that unit with Mr. Becker, an investigator in the Special Investigations Division.

Days later, Plaintiff was visited by Mr. Warren, an assistant administrator, who promised Plaintiff a transfer to another prison. Additionally, on April 14, 2009, Plaintiff reported the alleged officer misconduct to the prison ombudsman.

Around this same time, Plaintiff's mail began to arrive late, and Plaintiff and his visitors were harassed by corrections officers. Plaintiff reported the harassment to the medical department. In turn, he was transferred from "B Compound" to "A Compound," but the harassment continued.

On April 23, 2009, the ombudsman interviewed Plaintiff regarding Mr. Warren. Shortly thereafter, Plaintiff met with Ms. Singleton, a social worker, to address his complaints. Lastly, Plaintiff again spoke with Mr. Becker. Despite his meetings and complaints, Plaintiff received no relief or remedy.

Ultimately, Plaintiff suffered a mental breakdown for which he required medical treatment. In or around August 2009, Plaintiff pursued the present action against Albino and unnamed corrections officers.*fn3 In February 2011, Albino moved to dismiss Plaintiff's claims.*fn4

III. DISCUSSION

A. Standard for Motion to ...


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