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Richardson v. Westchester Cnty.

Inmate's Rights Claims Dismissed; No State Actor, 'Independent Constitutional Violation'

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OPINION & ORDER Plaintiff Benjamin Richardson, a former inmate at the Westchester County Jail Facility (the “Jail”), brings this action against Defendants Westchester County (“WC”), the Westchester County Department of Corrections (“DOC”), Commissioner Joseph K. Spano, Captain John Doe 1, Correct Care Solutions, LLC (“CCS”) (collectively, the “County Defendants”), and Nurse Kara Brown, under 42 U.S.C. §§1983, 1985, and 1988, for violations of his constitutional rights under federal and state law. Specifically, Plaintiff alleges that Brown sexually abused him while CCS employed her as a nurse to provide medical services to the inmates at the Jail. (Compl. at 2-30, ECF No. 1.) He alleges Brown demanded him to have sexual relations with her, threatening to tell Jail personnel and her “powerful father” that he raped and sexually assaulted her if he refused. (Id.) Presently pending before the Court is the County Defendants’ motion to dismiss Plaintiff’s Complaint under Federal Rule of Civil Procedure 12(b)(6). (ECF No. 34.)1 For the following reasons, the Court GRANTS the County Defendants’ motion to dismiss. BACKGROUND I. Factual Background The following facts are derived from the Complaint and are taken as true and constructed in the light most favorable to Plaintiff for the purposes of this motion. From August 17 to October 13, 2017, while he was an inmate at the Jail, Plaintiff worked as a porter for the DOC. (Compl.

12, 42, 45.) Brown, a medical nurse employed by CCS (a private contractor employed by WC, DOC, and Spano, to provide medical services at the Jail), was assigned to the Medical Post on the second floor of the new construction side of the Jail. (Id.

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