United States District Court, D. New Hampshire
Christopher R. Beaulieu, pro se
E.B. Lombardi, Esq.
Matthew Rodier, pro se
DiClerico, Jr United States District Judge
Beaulieu, who is proceeding pro se, brings claims against
employees of the New Hampshire Department of Corrections
(“DOC”) and another inmate, Matthew Rodier,
arising out of incidents that occurred at the New Hampshire
State Prison for men in March of 2012 and April of 2014. The
state defendants move for summary judgment on the claims
against them. Despite receiving extensions of time over the
past ten months, Beaulieu failed to respond to the motion.
Summary judgment is appropriate when the moving party
“shows that there is no genuine dispute as to any
material fact and the movant is entitled to judgment as a
matter of law.” Fed.R.Civ.P. 56(a). “A genuine
dispute is one that a reasonable fact-finder could resolve in
favor of either party and a material fact is one that could
affect the outcome of the case.” Flood v.
Bank of Am. Corp., 780 F.3d 1, 7 (1st Cir. 2015).
The facts and reasonable inferences are taken in the light
most favorable to the nonmoving party. McGunigle v. City
of Quincy, 835 F.3d 192, 202 (1st Cir. 2016). “On
issues where the movant does not have the burden of proof at
trial, the movant can succeed on summary judgment by showing
‘that there is an absence of evidence to support the
nonmoving party's case.'” OneBeacon Am.
Ins. Co. v. Commercial Union Assurance Co. of Canada,
684 F.3d 237, 241 (1st Cir. 2012) (quoting Celotex Corp.
v. Catrett, 477 U.S. 317, 325 (1986)).
the local rules in this district, a party moving for summary
judgment must include “a short and concise statement of
material facts, supported by appropriate record citations, as
to which the moving party contends there is no genuine issue
to be tried.” LR 56.1(a). A party opposing the motion
must also include a statement of material facts with
appropriate record citations to show that a genuine factual
dispute exists. LR 56.1(b). “All properly supported
material facts set forth in the moving party's factual
statement may be deemed admitted unless properly opposed by
the adverse party.” Id.
case, the defendants filed their motion for summary judgment
on April 6, 2017. Beaulieu was granted six extensions of time
to file a response to the motion. The last deadline was
February 16, 2018, when Beaulieu was notified that no further
extensions would be granted. After the deadline had passed,
Beaulieu again asked for an extension for an unspecified
amount of time. That request was denied. Therefore, the
properly supported factual statement in the defendants'
memorandum in support of summary judgment is deemed admitted.
was an inmate at the New Hampshire State Prison in March of
2012 and April of 2014, when the incidents at issue in this
case occurred. The state defendants, who are Craig Orlando,
Christopher Ziemba, Ernest Orlando, Michael Shaw, Barbara
Slayton, Paul Casco, Kevin Stevenson, Page Kimball, and
Douglas Bishop, were prison officers and officials during the
time of those incidents. Beaulieu also brings claims against
Matthew C. Rodier, another inmate.
March of 2012, Beaulieu was housed in the maximum security
Special Housing Unit (“SHU”) at the prison.
Because Beaulieu had threatened to spit on prison staff,
Lieutenant Michaud had ordered staff to put a “spit
hood” on Beaulieu whenever she was moved from her cell.
In April of 2014, Beaulieu was housed in the Secure
Psychiatric Unit (“SPU”).
March 7, 2012, Incident
March 7, 2012, Shaw asked Ziemba and Orlando to move Beaulieu
from her cell on J tier in SHU to the Officer in Charge in
SHU for a disciplinary report hearing. Once Beaulieu was
handcuffed, Orlando put the spit hood over her head. While
Ziemba and Orlando were escorting Beaulieu down the tier
corridor, Beaulieu kicked a deodorant stick that was on the
floor and then turned her head toward Orlando and spat at
the spit hood, particles of spit covered the right side of
Orlando's face. Orlando took Beaulieu to the floor, and
Ziemba helped to restrain her. During their efforts to
restrain Beaulieu, she was injured, which caused bleeding
over her eye.When the officers had control of Beaulieu,
they brought her to her feet and took her to the SHU Officer
in Charge, as planned. Both Orlando and Ziemba state that
they used only the amount of force necessary to control
Beaulieu and that they had no malicious or sadistic intent.
of the injury, Beaulieu was taken to a dayroom for medical
treatment. Nurse Pat Keon examined and treated Beaulieu.
Beaulieu had a scrape with some swelling on her head.
Although Beaulieu also complained of right arm pain, she was
found to have a good range of motion. Keon gave Beaulieu
Ibuprofen for the scrape and cleared her to return to her
went to a bathroom to wash the spit off of his face. Other
officers took Beaulieu back to her cell where she was
agitated and demanded that pictures be taken of her injury.
Shaw notified the shift commanders that the incident had
occurred. Later, when Orlando was doing rounds, Beaulieu
apologized for spitting on him.
was charged with a major disciplinary infraction for striking
an officer. During the disciplinary proceeding, Beaulieu did
not deny spitting on Orlando. Following a hearing, Beaulieu
was given fifteen days of punitive segregation and lost
privileges for one hundred days.
did not bring assault charges against Beaulieu. A “Use
of Force Review” was done for the incident by the
prison, which determined that Beaulieu must wear a spit hood
whenever she was out of her cell and that all of her
movements would be videotaped to document her behavior. In
order to provide video surveillance, Beaulieu was moved to a
Incidents in April of 2014
morning of April 18, 2014, Beaulieu was in a therapeutic
group in the Secure Psychiatric Unit (“SPU”) when
she asked to be excused. Out in the hallway, Beaulieu told
her social worker, Barbara Slayton, that she could not focus
and that if things did not change she might have to go to the
“suicide tank.” When they moved to another room,
Beaulieu wrote on a piece of paper that she gave to Slayton:
“I can't say no A was pressured into sexually acts
he has Hep C and it is attempted murder.”
identified Matthew Rodier as the inmate who was pressuring
her for sex. She also said that Rodier threatened her so that
she was afraid to report the behavior. She had concerns for
her health related to sexual activity with Rodier. Slayton
called SPU Captain, Paul Cascio, who joined her meeting with
Beaulieu. Cascio told Beaulieu that she would be locked in
her cell on Acute Care Status (“ATC”), pending an
investigation of her charges.
put Beaulieu on ATC for her safety and notified the Prison
Rape Elimination Act (“PREA”) investigator of
Beaulieu's charges. Cascio also called the investigation
unit and was told an investigation would be done. Beaulieu
underwent a mental health assessment and was determined not
to be a suicide risk.
in the afternoon the same day, SPU staff notified Cascio that
Beaulieu did not want to continue on ATC. Beaulieu sent an
inmate request slip in which she said that she did not want
to be on ATC and that “if your staff don't talk
about it then my safety will not be at risk.” She
further asked that they not put her on ATC for the weekend.
met with Beaulieu at 4:00 p.m., and Beaulieu recanted her
accusations against Rodier. Cascio called the investigations
unit and was told to get a statement in writing from
Beaulieu. The investigator said that he would not conduct an