OPINION & ORDER Kha’Sun Creator Allah (“Plaintiff” or “Allah”), proceeding pro se, brings this Action, pursuant to 42 U.S.C. §1983 (“§1983″), against Osman Yildiz (“Yildiz”), Dr. Syed Mahmud (“Mahmud”), and Carla Steinberg (“Steinberg,” together with Yildiz and Mahmud, “Defendants”), employees of the New York State Office of Mental Health (“OMH”). (See Compl. (Dkt. No. 1).) Plaintiff alleges that Defendants were deliberately indifferent to his Eighth Amendment rights when they discharged him from the Sullivan Correctional Facility (“Sullivan”) Residential Crisis Treatment Program (RCTP), and then purportedly allowed the New York State Department of Corrections and Community Supervision (“DOCCS”) to transfer him back to Upstate Correctional Facility (“Upstate”) after he stated that he would kill himself if he was returned to Upstate. (Id.) Before the Court is Defendants’ Motion for Summary Judgment (“Motion”), (see Not. of Mot. (Dkt. No. 36)). For the reasons stated herein, Defendants’ Motion is granted in part and denied in part. I. Background A. Factual Background The following facts are taken from the Parties’ statements pursuant to Local Rule 56.1, (see Defs.’ Rule 56.1 Statement (“Defs.’ 56.1″) (Dkt. No. 42); Pl.’s Answer to Defs.’ Rule 56.1 Statement (“Pl.’s 56.1″) (Dkt. No. 48)), and the admissible evidence submitted by the Parties. The facts are recounted “in the light most favorable to” the non-movant. Torcivia v. Suffolk County, 17 F.4th 342, 354 (2d Cir. 2021). The facts as described below are in dispute only to the extent indicated.1 In April 1999, Plaintiff was sentenced to seventeen to twenty-two years imprisonment. (Defs.’ 56.1 1.) Between May 1999 and July 2019, when he was released, Plaintiff was incarcerated in various New York State Department of Corrections and Community Supervision (DOCCS) prison facilities. (Id.) Defendant Mahmud was employed by OMH as a psychiatrist treating incarcerated individuals at the Sullivan Correctional Facility (“Sullivan”), specifically its Residential Crisis Treatment Program (RCTP), from about 2016 until his retirement in 2022. (Id. 2.) Yildiz has worked for OMH as a social worker and RCTP Coordinator at the Sullivan RCTP since about 2006, treating incarcerated individuals there. (Id. 3.) Steinberg worked for OMH treating incarcerated individuals at Sullivan and at the Woodbourne Correctional Facility from about 2005 until her retirement in 2022. (Id. 4.) RCTPs are located at several DOCCS facilities throughout New York State and are designed and equipped to temporarily house incarcerated individuals experiencing mental health crises while they are treated and stabilized. (Id. 5.) After they are stabilized in an RCTP, incarcerated individuals are discharged and receive mental health treatment at the prison where they were previously housed. (Id. 6.) While housed in the Upstate Correctional Facility (“Upstate”) Special Housing Unit (SHU) between November 11 and 17, 2016, Plaintiff commenced a hunger and water strike, with the stated intent of killing himself; he was accordingly transferred to the Sullivan RCTP. (Id. 7.) Yildiz first met with Plaintiff in the Sullivan RCTP on the afternoon of November 21, 2016, and recorded his notes from that meeting on an “RCTP Observation/Dorm Initial Progress Note,” per his usual practice. (Id. 8.) Defendants contend that Plaintiff informed Yildiz that he was eating and sleeping well and not feeling suicidal, and he exhibited no signs of anxiety or other “abnormalities of behavior,” nor suicidal ideations or other warning signs of imminent suicide risk. (Id. 9.) Plaintiff disputes this statement, stating that he “continuously informed [D]efendants of how he suffered in Upstate and self-mutilated himself there and if returned there he will kill himself.” (Pl.’s 56.1 9.) Plaintiff claims that Yildiz did not document what Plaintiff actually said, instead making false case notes, and did not address Plaintiff’s concerns. (Id.) Mahmud first met with Plaintiff on November 21, 2016; Mahmud recorded his contemporaneous notes from that meeting in a “Psychiatric Progress Note” that Mahmud also titled an “Admit Note.” (Defs.’ 56.1 10.) Defendants contend that Mahmud observed Plaintiff to have a pleasant affect, and Plaintiff informed Mahmud that he had been drinking and eating but threatened to kill himself if sent back to the Upstate SHU. (Id. 11.) Plaintiff asserts that he told Mahmud about the self-mutilation, that Plaintiff was down and depressed, and that he “would rather die than go back [to Upstate].” (Pl.’s 56.1
10, 11.) Plaintiff also claims that Mahmud did not put these statements in his notes. (Id. 10.) Yildiz saw Plaintiff again on November 22, 2016, to determine whether he still required RCTP care and treatment. (Defs.’ 56.1 12.) Defendants aver that during the examination, Plaintiff stated that he was feeling better, thinking clearly, not under acute stress, eating well, sleeping better, no longer suicidal, had no plans for self-harm, and was ready to return to his facility, attend vocational programs, and prepare to return to the outside community. (Id.) Yildiz recorded these statements in a “RCTP Observation/Dorm Progress Note” that day. (Id. 13.) Further, Defendants maintain that Plaintiff did not tell Yildiz on November 22, 2016, that if he was returned to Upstate, he would kill himself. (Id. 14.) Based upon this examination Yildiz determined that Plaintiff was no longer suicidal; he discerned no signs of risk for imminent suicide and evaluated Plaintiff as having no signs of anxiety or behavioral abnormalities, as being calm and stable, and as coping well with his situation. (Id. 15.) Yildiz noted that while Plaintiff had multiple past suicidal gestures or attempts in order to achieve goals like transferring to another facility or avoiding the SHU, as of that date, he exhibited an optimistic mood and no acute distress, denied suicidal ideation or intent, and had an overall seemingly normal affect. (Id. 16.) Plaintiff disputes these statements. Plaintiff contends that he reiterated his suicidal statements to Yildiz, namely what transpired with him at Upstate, how he did not want to go through that experience again, and that he would kill himself if he was returned to Upstate. (Pl.’s 56.1
