United States District Court, D. Maine
RECOMMENDED DECISION ON DEFENDANT LANDRY'S MOTION
FOR SUMMARY JUDGMENT AND PLAINTIFF'S MOTION FOR
C. Nivison U.S. Magistrate Judge.
action, Plaintiff Brandon Gross, an inmate in the custody of
the Maine Department of Corrections, alleges he is hearing
disabled and that Defendant Scott Landry, the warden of the
Maine Correctional Center, violated his rights by failing to
accommodate Plaintiff's hearing disability.
matter is before the Court on Plaintiff's Motion for
Order and Defendant Landry's Motion for Summary Judgment.
(ECF Nos. 16 & 30.) Through his motion, Plaintiff seeks
preliminary injunctive relief.
a review of the summary judgment record, I recommend the
Court grant Defendant's motion and deny Plaintiff's
Defendant Landry's Motion for Summary Judgment
January 19, 2018, the Department of Corrections downgraded
Plaintiff's security classification from medium to
minimum, and transferred Plaintiff from the Maine
Correctional Center, the facility for which Defendant Landry
serves as warden, to the Bolduc Correctional Facility.
(Defendants' Statement of Material Facts (DSMF), ECF No.
31, ¶¶ 5, 7.) The chief administrative officer of
the Bolduc Correctional Facility is the director, who is
responsible for supervision and control of all prisoners,
employees, grounds, buildings, and equipment at the facility.
(Id. ¶ 9.)
citing to record evidence, Plaintiff asserted that Defendant
Landry transferred Plaintiff as a retaliatory measure.
(Responsive Statement ¶ 4, ECF No. 42.) Defendant Landry
has denied the allegation of retaliation, and explained the
process by which Plaintiff was transferred:
The Department of Corrections' classification system is
overseen by the Department's Director of Classification.
(Affidavit of Mary Lucia ¶¶ 3-5 and attached Policy
23.1, Classification System, page 2, Procedure A (1) (July
17, 2017).) On November 29, 2017, a unit management team
conducted a regularly scheduled reclassification review for
prisoner Brandon Gross. (Affidavit of Luke Monahan
¶¶ 2-4; Affidavit of Mary Lucia ¶ 3 and
attached Policy 23.1, Classification System, page 5,
Procedure C (1), Proedure D (1).) The unit management team
recommended that prisoner Brandon Gross's custody level
be reduced from Medium custody to Minimum custody and that
Gross be transferred to any Minimum facility based on the
fact that Gross was case management compliant, that he had
completed numerous program[s] at Maine Correctional Center,
that he had less than a year left on his sentence, that he
needed to transition to working prior to his release, and his
age, in spite of recent disciplinary reports and ongoing
criminal thinking. (Affidavit of Luke Monahan ¶¶
5-6; Affidavit of Mary Lucia ¶ 3 and attached Policy
23.1, Classification System, page 6, Procedure D (8), (12).)
Brandon Gross's pending lawsuit played no role in the
unit management team's recommendation. (Affidavit of Luke
Monahan ¶ 7.) Defendant Landry was not involved in
prisoner Gross's November 29, 2017, reclassification
review and had no input in the unit management team's
recommendation. (Affidavit of Luke Monahan ¶ 8.) The
unit management team's recommendation was approved by the
Assistant Director of Classification on December 19, 2017.
(Affidavit of Luke Monahan ¶ 9; Affidavit of Mary Lucia
¶ 3 and attached Policy 23.1, Classification System,
pages 6-7, Procedure D (14).)
(Reply Statement ¶ 4, ECF No. 48.) Plaintiff maintains
that Defendant Landry “is responsible for overseeing
policies statewide, ” evidently suggesting that
Defendant Landry retains responsibility for the provision of
accommodations at the Bolduc Correctional Facility.
(Responsive Statement ¶ 6.)
filings, Plaintiff also presented certain medical
information, which includes the following progress note
generated as the result of the care provided to Plaintiff by
Defendant Correct Care Solutions following Plaintiff's
transfer to the Bolduc Correctional Facility:
Pt presents for follow up. He notes a spinning feeling at
night, decreased [h]earing and tinnitus in his right ear. We
discussed that this is consistent with Meniere's disease.
[description of medications] Mr. Gross was very pleased with
today's visit and was very appreciative of medical's
working with Security to have him on the Wake Up log. He had
a good deal of anxiety with worrying about missing count.
(Progress Notes for February 15, 2018, ECF No. 42-1.)
Plaintiff further asserts that he “has now been
transferred to the Bolduc Correctional Facility and upon his
arrival was properly seen by a doctor and diagnosed …
and properly accommodated ….” (ECF No. 43.)
his motion for summary judgment, Defendant Landry contends
Plaintiff's claims for injunctive relief against
Defendant Landry are moot because Plaintiff is not currently
assigned to the facility for which Defendant Landry is