MEMORANDUM OPINION AND ORDER Plaintiff Deveron Delaney (“Plaintiff”), who at the time was proceeding pro se, commenced this action with the filing of a Complaint on April 19, 2019. (Doc. 2). Thereafter, Plaintiff secured counsel and his counsel filed a notice of appearance on Plaintiff’s behalf on July 29, 2019. (Doc. 15). Subsequently, Plaintiff filed a First Amended Complaint on November 6, 2019 (Doc. 24), and shortly thereafter, a Second Amended Complaint (“SAC”) on February 18, 2020 (Doc. 47, “SAC”). Plaintiff asserts, under 42 U.S.C. §1983, a Fourteenth Amendment failure to protect claim against Defendants Westchester County Department of Corrections, Commissioner Joseph K. Spano, Captain Christopher Roberts, Deputy Commissioner Leandro Diaz, Assistant Warden Francis Delgrosso, and Assistant Warden Moccio (collectively “Defendants”). By motion dated May 18, 2020, Defendants moved to dismiss Plaintiff’s SAC pursuant to Federal Rule of Civil Procedure 12(b)(6). (Doc. 56; Doc. 56-2, “Defs. Br.”). Plaintiff filed a brief in opposition to Defendants’ motion on June 18, 2020 (Doc. 57, “Pl. Opp’n”), and the motion was fully submitted with the filing of Defendants’ reply brief on July 10, 2020 (Doc. 58). For the reasons set forth below, Defendants’ motion is GRANTED. BACKGROUND The facts, as recited below, are taken from Plaintiff’s SAC. At the time of the allegations giving rise to this dispute, Plaintiff was a 55-year-old, pretrial detainee in the custody of the Westchester County Department of Corrections (“WCDOC”). (SAC 10). While detained, Plaintiff was assaulted by Tamir Ayala-Rosario (“Ayala-Rosario”), an inmate who allegedly has a documented history of violence against other inmates. (Id. 11). During the assault, Plaintiff was struck in his head, face, and body, and suffered a variety of injuries including gashes, bruises, a sprained wrist, loosened teeth, and chipped teeth. (Id. 12). After the assault, Plaintiff was transferred to the Westchester Medical Center for treatment. (Id. 14). Plaintiff alleges that Defendants are members of a committee that determines housing policy within WCDOC and that they were aware that Ayala-Rosario had a history of violent assaults against other inmates. (Id.
