United States District Court, D. New Hampshire
Matthew L. Priestley,
Tracy Newlin, Carroll County Department of Corrections, Joshua Duguay, and Michael Baker.
REPORT AND RECOMMENDATION
K. JOHNSTONE, Magistrate Judge.
plaintiff Matthew Priestley has asserted claims under both
federal and state law based on allegations that while he was
a pretrial detainee, he was sexually assaulted by Tracy
Newlin, a corrections officer employed by the Carroll County
Department of Corrections ("CCDC"). This
court's March 22, 2016, Report and Recommendation
("R&R") (doc. no. 80) addressed dispositive motions
(doc. nos. 72 and 59) filed by defendants Newlin and the CCDC
and recommended, in pertinent part, that the CCDC's
motion for summary judgment (doc. no. 59), be granted in part
and denied in part. The district judge's April 5, 2016,
Order directs the undersigned magistrate judge to treat the
CCDC's objection to that R&R as a motion to reconsider
that R&R, in light of arguments and supplemental materials
filed by the CCDC, see Doc. Nos. 81, 83, and 83-1. In an
Order issued this date, this court has vacated the March 22
R&R (doc. no. 80). This new R&R replaces the March 22 R&R
(doc. no. 80).
facts alleged by plaintiff include the following. During his
pretrial detention, Priestley filed a grievance against
Newlin. See Pl.'s Mot. to Am. (doc. no. 10), at 2. After
Newlin learned that Priestley had filed a grievance against
him, Priestley alleges, Newlin entered Priestley's cell
and ordered him to strip for a search and to face the wall of
his cell. See id. Once Priestly was unclothed, Priestley
alleges, Newlin ordered him to bend over and cough, which
Priestley did. Priestley alleges that Newlin then squeezed
Priestley's testicles, and penetrated his anus, causing
bleeding. See id. When Priestley turned around, Priestley
alleges, he saw Newlin leaving his cell, saying that he
wanted to show Priestley "how it feels to get
f___ked" because Priestley had tried to
"f___k" Newlin out of his job. Id. at 3.
Priestley further alleges that when "Nurse Sue"
came around for medications, Priestley complained about the
bleeding without explaining what had happened with Newlin,
and the nurse gave him medicated wipes. Id . About a
week later, Priestley was transferred to the Strafford County
Department of Corrections. Id.
court has allowed state law tort and federal constitutional
claims to proceed in this action against both the CCDC and
Newlin. Those claims are summarized as follows:
1. CCDC Sgt. Newlin sexually assaulted Priestley, while
Priestley was a pretrial detainee, in retaliation for
Priestley's filing of grievances:
A. rendering Newlin and his employer, the CCDC, directly and
vicariously liable, respectively, for the state law
intentional tort of battery, in that Newlin (i) squeezed
Priestley's genitals, and (ii) penetrated Priestley's
anus, causing injuries;
B. violating Priestley's Fourteenth Amendment right to be
free from the use of excessive force amounting to punishment
while in pretrial detention; and
C. violating Priestley's First Amendment right to
petition the government for redress of grievances.
Oct. 7, 2014, Order (doc. no. 21). The intentional tort claim
summarized as Claim 1(A) above is asserted against both
Newlin and the CCDC, with the CCDC's liability being
based only on a theory of respondeat superior. The remaining
claims, arising under 42 U.S.C. Â§ 1983, are asserted against
Newlin in his individual capacity, and are not asserted
against the CCDC.
CCDC's Motion for Summary Judgment
support of its motion for summary judgment (doc. no. 59), the
CCDC argues that, either: (1) the CCDC is not subject to
vicarious liability for Newlin's conduct; or (2) the CCDC
is entitled to immunity under state law, pursuant to ...