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Jones v. Nassau County Sheriff Department

Alleged failure to remedy inmates’ wet shower area does not trigger constitutional protections.

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This lawsuit attempts to convert a routine slip and fall into a case of constitutional dimensions. This action arises out of claims by the pro se plaintiff Arthur Jones (the “plaintiff” or “Jones”), a former inmate at the Nassau County Correctional Center (the “Correctional Center”) proceeding in forma pauperis, against the defendants Nassau County Sheriff’s Department (the “Sheriff’s Department”), Nassau County Sheriff Edward Reilly (“Reilly”), and the Health Care Medical Department (the “Medical Department”) (collectively, the “defendants”). The plaintiff asserts that the defendants failed to provide a rubber mat in or around the wet shower area at the Correctional Center, in violation of 42 U.S.C. §1983, causing him to fall and injure his back, neck and shoulder. Presently before the Court is a motion by the Sheriff’s Department and Reilly to dismiss the complaint pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure. (“Fed. R. Civ. P.”).

I. Background

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