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Villar v. Cnty. of Erie

Pretrial Detainee Alleges Deliberate Indifference, Policy Depriving Him of Rights

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DECISION AND ORDER I. INTRODUCTION In this action, Plaintiff Adam Villar seeks damages from Erie County and its sheriff, Timothy B. Howard, for violations of his constitutional rights while he was incarcerated in the Erie County Correctional Facility (“ECCF”). Before this Court is Defendants’ Motion to Dismiss Villar’s complaint for failure to state a claim upon which relief can be granted, pursuant to Rule 12 (b)(6) of the Federal Rules of Civil Procedure. (Docket No. 55.) For the following reasons, Defendants’ motion is granted in part and denied in part. II. BACKGROUND This Court assumes the truth of the following factual allegations contained in Villar’s complaint and the attached exhibits.¹ See Hosp. Bldg. Co. v. Trs. of Rex Hosp., 425 U.S. 738, 740, 96 S. Ct. 1848, 48 L. Ed. 2d 338 (1976); see also Hamilton Chapter of Alpha Delta Phi, Inc. v. Hamilton Coll., 128 F.3d 59, 63 (2d Cir. 1997). Plaintiff Adam Villar was arrested in Erie County on December 31, 2009 and taken to the Erie County Holding Center (“ECHC”) in Buffalo, New York. (Complaint, Docket No. 1-1, pp. 3-78, 16.) On January 2, 2010, Villar was transported to ECCF in Alden, New York. (Id., 17.) On January 3, 2010, Villar was sexually assaulted and raped by another inmate in a shower stall in the Nova Unit at ECCF. (Id.,

20-25.) The inmate who sexually assaulted Villar “ran” the Nova Unit and was known to both Erie County and Sheriff Howard. (Id., 24.) This inmate stated that he had done this — referring to sexual assault — before. (Id., 26.) On January 4, 2010, Villar was sexually assaulted again, by the same inmate, in a shower stall in the Nova Unit at ECCF. (Id.,

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