Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Richardson v. Westchester Cnty.

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

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

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.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
British Legal Awards 2024
November 27, 2024
London

Celebrating achievement, excellence, and innovation in the legal profession in the UK.


Learn More
GlobeSt. Healthcare Real Estate 2024
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
ThinkAdvisor LUMINARIES Awards 2024
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
Go to Events Go to Webcasts
INTELLECTUAL PROPERTY PROSECUTION PARALEGAL

INTELLECTUAL PROPERTY PROSECUTION PARALEGAL - NEW JERSEY OR NEW YORK OFFICESProminent mid-Atlantic law firm with multiple regional office lo...


Apply Now ›
ATTORNEY - REMOTE - NEW YORK

Experienced Insurance Defense Attorney.No in office requirement.Send resume to:


Apply Now ›
Associate Justice- Appellate Division, Palau Supreme Court

The Republic of Palau Judiciary is seeking applicants for one Associate Justice position who will be assigned to the Appellate Division of ...


Apply Now ›
Go to Lawjobs