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Spells v. Van Hoesen

Guards Denied Judgment on Inmate's Excess Force Claim; Opportunity to Intervene Disputed

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MEMORANDUM DECISION AND ORDER I. Introduction Plaintiff James Spells commenced this action pursuant to 42 U.S.C. §1983 against Sergeant Kristopher Van Hoesen, Officer Jason Butterfield, Officer Joseph Puglisi, Officer Nicholas J. Smith, and numerous John Doe defendants,1 alleging excessive force in violation of the Eighth Amendment and malicious prosecution in violation of the Fourth Amendment. (Am. Compl., Dkt. No. 18.) Defendants now move for partial summary judgment on Spells’ malicious prosecution claim, all claims against Smith, and Spells’ prayer for punitive damages. (Dkt. No. 45.) For the reasons that follow, defendants’ motion is granted in part and denied in part. II. Background A. Facts2 At the relevant time, Spells, who is serving a life sentence for first degree murder, was temporarily housed at the Schenectady County Jail because he was scheduled to attend a hearing in Schenectady County regarding a post-conviction motion. (Defs.’ Statement of Material Facts (SMF)

1-3, Dkt. No. 45, Attach. 16.) When Spells arrived at the Schenectady County Jail, per the jail’s policy, he was placed on “administrative lock-in status,” and was “locked in [his] cell with limited privileges, while facility staff evaluated [him] for security concerns.” (Id. 4.) The housing unit Spells was placed in was “locked in” when he arrived at the jail. (Id. 6) While there is a dispute about the reason for the lock in, both parties agree that it was related to the smell of marijuana in the unit. (Id.; Pl.’s SMF 6, Dkt. No. 47.)  After Spells was placed in his cell, Van Hoesen walked past and Spells asked why he was not allowed to leave his cell because “he just arrived.” (Defs.’ SMF 7.) An argument between Spells and Van Hoesen ensued, although, the substance of the argument and who instigated it is disputed. (Id.

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