Justice David Schmidt
Granger, Cala and Napoli moved for dismissal of the complaint against them by former inmate, Tacheau. Tacheau sought to recover damages for violations of his rights under the Eighth Amendment claiming he sustained serious injuries when he was assaulted by a group of correctional officers while a prisoner at Southport Correctional Facility. Granger argued his calendar book and time card confirmed he was off on the day in question, but Tacheau testified he recognized Granger’s voice when an attacker whispered in his ear words “uniquely related” to a prior confrontation plaintiff had with Granger. The court stated, in light of such testimony, questions of fact existed if Granger was present at Southport and participated in Tacheau’s assault, denying dismissal of the complaint against him. Supervisors Cala and Napoli argued personal involvement was required for liability under 42 USC §1983 under Ashcroft v. Iqbal. The court stated as there were also questions of fact raised regarding Cala’s and Napoli’s knowledge of, and acquiescence to their subordinates’ unlawful behavior, as recognized in post-Iqbal cases in claims against Department of Corrections supervisors alleged to have “acquiesced to their subordinates’ abuse of inmates,” summary judgment was inappropriate.