United States District Court, D. New Hampshire
Christopher R. Beaulieu, pro se
E.B. Lombardi, Esq.
DICLERICO, JR. UNITED STATES DISTRICT JUDGE.
Beaulieu, who is proceeding pro se and in forma pauperis, is
an inmate at the New Hampshire State Prison. As allowed
following preliminary review, Beaulieu brings claims against
employees of the Department of Corrections
(“DOC”) arising out of incidents that occurred on
March 7, 2012, and April 18 and 30, 2014. Beaulieu moves to
amend to add claims against new defendants.
magistrate judge issued a report on Beaulieu's motion to
amend that recommends granting the motion as to Claims 5, 6,
and 7, brought against the defendants in their individual
capacities, and recommends denying the remaining proposed new
claims, Claims 8 through 15. Beaulieu objects to the report
and recommendation. The DOC defendants object to the report
to the extent it recommends allowing Claims 5 and 6.
objection to a report and recommendation is filed, the court
“shall make a de novo determination of those portions
of the report or specified proposed findings or
recommendations to which objection is made.” 28 U.S.C.
§ 636(b)(1). The court “may accept, reject, or
modify, in whole or in part, the findings or recommendations
made by the magistrate judge.” Id.
alleges that she was raped by another inmate in December of
2011 and that she reported the rape in January of 2012. The
perpetrator was allowed to have continuing access to
Beaulieu, during which he harassed Beaulieu while prison
officers laughed. Because of threats from the perpetrator,
Beaulieu recanted the rape charge.
alleges that while she was being escorted from her cell for a
disciplinary report on March 7, 2012, officers Craig Orlando
and Christopher Ziemba brought her to the floor. As a result,
she was injured and did not receive adequate treatment. She
also alleges that she was wrongfully accused of assaulting
one of the escorting officers.
alleges that two years later, in February of 2014, she was
raped by another inmate, Matthew Rodier. Beaulieu alleges
that she was not properly protected when the rape occurred.
Beaulieu also alleges that while she was housed in the Secure
Psychiatric Unit of the prison, the officers failed to
properly protect her. As a result, Rodier was allowed access
to her on April 18, 2014, which caused Beaulieu to recant her
prior rape accusation. Beaulieu further alleges that Rodier
raped her again on April 30, 2014. She contends that the
prison officers did not adequately investigate her
allegations or protect her.
of 2014, Beaulieu states that she was assigned to the
Residential Treatment Unit of the prison. Another inmate in
that unit asked to speak to Beaulieu, pressed Beaulieu to
engage in sexual acts with him, and when Beaulieu refused he
forcibly raped Beaulieu. Beaulieu did not report the rape
because she did not trust the prison officers to respond
appropriately and to protect her.
previously has been allowed to amend her complaint on July
16, 2015, November 30, 2015, and May 12, 2016. When the
current motion to amend was filed, the defendants in the case
were DOC employees Craig Orlando, Christopher Ziemba, Michael
Shaw, Ernest Orlando, Barbara Slayton, Kevin Stevenson, and
Paul Cascio. The claims against them were the following:
1. NHSP officers Craig Orlando and Christopher Ziemba used
excessive force against Beaulieu on March 7, 2012, in
violation of Beaulieu's Eighth Amendment right not to be
subject to cruel and unusual punishment.
2. NHSP officers Craig Orlando and Christopher Ziemba are
liable to Beaulieu for the state law tort of assault and
battery for the use of force they exerted against Beaulieu on
March 7, 2012.
3. NHSP officers Ernest Orlando and Michael Shaw are liable
to Beaulieu for the state law tort of negligent supervision,
for their failure to adequately supervise defendants Craig
Orlando and Christopher Ziemba on March 7, 2012, resulting in
those defendants' commission of the tort of assault and
battery on Beaulieu.
4. NHSP officials Barbara Slayton, Paul Casco, and Kevin
Stevenson, were deliberately indifferent to a significant
risk of serious harm to Beaulieu on April 18 and 30, 2014,
when, knowing that Beaulieu had been sexually assaulted by
another inmate, Matthew Rodier, those individuals failed to
separate Beaulieu from Rodier, resulting in Rodier
threatening Beaulieu, forcing Beaulieu to recant her
allegation of sexual assault, and further resulting in Rodier
sexually assaulting Beaulieu again.
current motion to amend, as construed by the magistrate
judge, Beaulieu seeks to add new defendants and the following
5. NHSP Cpl. Paige Kimball acted with deliberate indifference
to a significant risk of serious harm to Beaulieu, in
violation of Beaulieu's Eighth Amendment rights, on April
18, 2014, when Kimball, who was the individual responsible
for the direct supervision of the inmates/patients on F-Ward
in SPU, failed to separate Beaulieu and Rodier, allowing
Rodier sufficient access to Beaulieu to enable Rodier to
threaten Beaulieu and coerce Beaulieu to recant her
allegation that Rodier had sexually assaulted her.
6. Former NHSP Corrections Officer (“C.O.”)
Douglas Bishop acted with deliberately indifferent to a
significant risk of serious harm to Beaulieu, in violation of
Beaulieu's Eighth Amendment rights, on April 30, 2014,
when Bishop, who was the individual responsible for the
direct supervision of the inmates/patients on F-Ward in SPU,
failed to separate Beaulieu and Rodier, ...