MEMORANDUM OPINION AND ORDER Plaintiff Kenneth Haslinger brings claims against Westchester County (the “County”), Corrections Officer Keyona Mays (“C.O. Mays”), Deputy Commissioner of the Westchester County Department of Corrections Leandro Diaz (“Dep. Comm. Diaz”), and Commissioner of the Westchester County Department of Corrections Joseph K. Spano (“Comm. Spano”) (collectively “Defendants”). Plaintiff alleges that Defendants violated his Eighth and Fourteenth Amendment rights and asserts two claims for relief under 42 U.S.C. §1983. The first claim for relief against all Defendants asserts that Plaintiff was deprived of his rights to (1) be free from cruel and unusual punishment, (2) due process of law, and (3) equal protection under the law. The second claim for relief asserts a municipal liability claim against the County pursuant to Monell v. Dep’t of Soc. Servs., 436 U.S. 658 (1978). By motion dated September 11, 2019, Defendants move to dismiss Plaintiff’s complaint pursuant to Fed. R. Civ. P. 12(b)(6). (Doc. 19). For the reasons set forth below, Defendants’ motion to dismiss is GRANTED in part and DENIED in part. BACKGROUND On June 20, 2018, Plaintiff commenced this action, and on December 26, 2018, Plaintiff filed an Amended Complaint. The facts recited below are taken from Plaintiff’s First Amended Complaint. (Doc. 9, “FAC”). Plaintiff alleges that on April 22, 2018 he was admitted to Westchester County Department of Corrections (“WCDOC”) at Valhalla as a pretrial detainee. Id. 10. Upon admission, C.O. Mays prepared a Medical Assessment Report and asked Plaintiff if he had any known enemies. Id.
11-12. Plaintiff told C.O. Mays he had an “ongoing issue” with Dennis Rooney (“Mr. Rooney”) who was currently in the custody of the Yonkers Police Department and that Plaintiff believed Mr. Rooney was “likely headed” to WCDOC. Id. 13. Plaintiff requested that C.O. Mays issue a keep separate order which would prevent Plaintiff from being housed or put in the same area as Mr. Rooney. Id. Plaintiff alleges that C.O. Mays indicated in her report that Plaintiff had a hostile relationship with Mr. Rooney but failed to issue a protective order or include a note in the report that Mr. Rooney was likely on his way to WCDOC. Id. 16. Two days later, Mr. Rooney was admitted to WCDOC and placed in the same housing area as Plaintiff. Id. 18. Plaintiff alleges that “[a]t first sight of [P]laintiff,” Mr. Rooney attacked Plaintiff causing serious injuries. Id. 19. Plaintiff was then rushed to Westchester Medical Center where he received emergency treatment. Id. 20. On May 3, 2018, Plaintiff filed a grievance alleging that C.O. Mays ignored his request for a keep separate order which would have prevented Plaintiff from being housed with Mr. Rooney. Id. 21. Plaintiff’s grievance and his subsequent appeal were both denied. Id.
