MEMORANDUM OPINION AND ORDER Plaintiff Darrell Gunn (“Plaintiff”), proceeding pro se and in forma pauperis, brings this action under 42 U.S.C. §1983 against Anthony Annucci (“Annucci”), Acting Commissioner of the New York State Department of Corrections and Community Supervision (“DOCCS”), and Thomas R. Griffin (“Griffin”), Superintendent of Green Haven Correctional Facility (“Green Haven”), for violating his rights under the Constitution. (Doc. 1, “Compl.”). Specifically, Plaintiff claims that Annucci and Griffin (collectively, “Defendants”) violated his Eighth Amendment rights when, from April 15, 2017 to May 15, 2017, the heat was turned off at Green Haven and he was exposed to “unseasonably lower than average” temperatures. (Id.
11-12, 14). Defendants filed a motion to dismiss the Complaint under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) on December 11, 2020. (Doc. 16; Doc. 19, “Def. Br.”). Plaintiff opposed the motion on January 22, 2021 (Doc. 20, “Opp. Br.”), and the motion was briefed fully with the filing of Defendants’ reply memorandum of law in further support of their motion to dismiss on February 5, 2021 (Doc. 23, “Reply Br.”). For the reasons set forth below, Defendants’ motion to dismiss is GRANTED. BACKGROUND Plaintiff maintains that from April 15, 2017 to May 15, 2017, while incarcerated at Green Haven, he was “expos[ed]…to bitter cold temperatures….” (Compl. 11). During this month-long period in the spring of 2017, Plaintiff claims that “temperatures during the day would reach between 40° and 45°…and then even lower overnight — only low 30°s.” (Id. 12). Plaintiff asserts that he endured “incredible undue hardships, soft tissue problems, pain and stiffness, depression, anxiety, loss of sleep, and mood swings” (id. 17), and undertook “futile and hopeless attempt[s] to keep warm…[by] wear[ing] all his clothing…in his cell under the bedding….” (id. 18). As a result of being exposed to the elements, Plaintiff insists that he “cannot live a normal life” or “perform typical daily life activities, i.e. reading, writing, meeting court deadlines, [and] sleeping.” (Id. 16). Plaintiff notes affirmatively that he “used the prisoner grievance procedure available at Green Haven…to try and solve the problem.” (Id. 22). Plaintiff pled the following regarding the grievance procedure he followed at Green Haven: On May 25, 2017 plaintiff DARRELL GUNN, 03-B-2443 presented the facts relating to this complaint. On July 3, 2017 plaintiff was sent a response saying that the grievance had been denied. On August 18, 2017 plaintiff appealed the denial of the grievance # GH-86618-17. (Id. 22).1 On these facts, Plaintiff proceeds against Defendants in both their official and individual capacities seeking, inter alia, “[c]ompensatory damages in the amount of $250,000 against each defendant, jointly and severally” and “[p]unitive damages in the amount of $500,000 against each defendant.” (Id.
