United States District Court, D. New Hampshire
Christopher Beaulieu, pro se
Lawrence Edelman, Esq., Anthony Galdieri, Esq., Laura E. B.
A. DiClerico, Jr. United States District Judge.
Beaulieu, who is proceeding pro se and in forma pauperis,
brings claims against officers at the New Hampshire Prison
for Men, arising from incidents that occurred during her
incarceration. The defendants move for judgment on the
pleadings. Beaulieu did not file a response to the motion.
motion for judgment on the pleadings under Federal Rule of
Civil Procedure 12(c) is addressed under the standard for a
motion to dismiss under Rule 12(b)(6). Shay v.
Walters, 702 F.3d 76, 82 (1st Cir. 2012). The court
takes the plaintiff's factual allegations as true and
draws reasonable inferences in the plaintiff's favor.
Buntin v. City of Boston, 813 F.3d 401, 404 (1st
Cir. 2015). Taken in that light, the complaint must provide
facts to support a claim that “is plausible on its
face.” Ashcroft v. Iqbal, 556 U.S. 662, 678
explained in the court's order on the defendants'
motion to dismiss and motions for injunction relief, Beaulieu
is a transsexual inmate who has been incarcerated at the New
Hampshire State Prison for Men since January 6, 2011.
Although born a male, she identifies as female, which is
reflected in her clothing, makeup, and hair style. She began
hormone treatment in October of 2015.
of her transsexual status, Beaulieu alleges that she is
particularly at risk in the prison environment. She also
alleges that she has mental health issues and that the prison
staff is aware of those issues. Beaulieu's allegations
reflect her tumultuous history at the prison, including
allegations of sexual assaults and disciplinary measures
imposed on multiple occasions.
preliminary review, the magistrate judge ordered service of
thirteen claims. Report and Recommendation, Doc. No. 16 (Nov.
30, 2017), approved, Order, Doc. no. 21 (Jan. 2, 2018). The
defendants moved to dismiss most of the claims, and Beaulieu
objected. The court granted the motion in part. Doc. no. 54.
The court denied Beaulieu's thirteen motions pertaining
to injunctive relief and other relief and denied the
defendants' motion for reconsideration of the order on
the motion to dismiss in a single order. Doc. no. 77. The
court granted Beaulieu's motion to amend to the extent
she identified previously unidentified defendants, and
granted the defendants' motion to correct two of the
defendants' names. Doc. no. 89.
claims that are now remaining in the case are the following:
2. SHU Sgt. Matthew Stefanczak and Corrections Officer
(“CO”) Eric Turner committed the state law tort
of negligence by housing Beaulieu with inmate Shawn Cook in
March 2015, knowing that Beaulieu was at particular risk of
sexual victimization and that Cook had a history of sexual
3. Defendants Capt. Michael Edmark and Lt. Scott Marshall,
knowing that Beaulieu suffers from mental health problems,
violated Beaulieu's Eighth Amendment rights, and
committed the state law tort of negligence by housing
Beaulieu in a cell below inmate Cook on May 20, 2015, while
the investigation of Beaulieu's sexual assault claim
against Cook was ongoing, and knowingly allowing Cook to
harass and threaten Beaulieu, thus creating a substantial
risk to Beaulieu's mental health.
4. An unnamed NHSP corrections officer, identified in the
R&R as John Doe #1, on May 27, 2016, violated
Beaulieu's Eighth Amendment rights, and committed the
state law tort of negligence, by putting Beaulieu in a cell
with an inmate who the officer knew or should have known was
a member of a gang with which Beaulieu had prior
difficulties, thus placing Beaulieu at a substantial risk of
5(a). CO Christopher Brownlie committed the state law tort of
negligence by placing Beaulieu at a substantial risk of
serious harm from other inmates when he told another inmate
that Beaulieu was a “rat”; 5(b). CO Young
violated Beaulieu's Eighth Amendment rights and committed
the state law tort of negligence, by placing Beaulieu at a
substantial risk of serious harm from other inmates, when CO
Young told inmates that Beaulieu was a “rat” and
a “skinner”; and 5(c). CO Dominic Salce violated
Beaulieu's Eighth Amendment rights and committed the
state law tort of negligence, by placing Beaulieu at a
substantial risk of serious harm from other inmates when he
yelled, where all of the inmates on Beaulieu's tier could
hear him, that Beaulieu had requested statement forms, which
Salce knew would cause other inmates to think Beaulieu is a
6. Warden Zenk, Maj. Jon Fouts, Capt. Boynton, Lt. Paul
Carroll, Sgt. Gary Lydick, Sgt. Jeremiah Totten, Cpl. Stone,
and Cpl. Pat Wright, knowing that Beaulieu suffers from
mental health problems, committed the state law tort of
negligence, by allowing Brownlie to work in proximity to, and
interact with, Beaulieu during the investigation of
Beaulieu's sexual assault accusation against Brownlie,
and allowing Brownlie to harass Beaulieu, thus creating a
substantial risk of serious harm to Beaulieu's mental
7. Sgt. Lydick, Lt. Carroll, and Capt. Edmark committed the
state law tort of negligence, in that, knowing that CO David
Dionne had previously used excessive force on Beaulieu and
harassed Beaulieu, and knowing that Beaulieu suffers from
mental health problems, those defendants allowed Dionne after
July 28, 2016, to continue to work in proximity to Beaulieu,
thus creating a substantial risk of serious harm to
Beaulieu's mental health.
8. On July 6, 2017, Sgt. Totten, CO Jason Caruso and Lt.
Marshall committed the state law tort of negligence, by
denying Beaulieu's request to see a mental health worker
when Beaulieu told the officers she was actively suicidal and
instead told Beaulieu to “just kill [her]self, ”
and by laughing at and provoking Beaulieu, ...