United States District Court, D. Connecticut
RULING AND ORDER ON MOTION FOR SUMMARY
A. BOLDEN UNITED STATES DISTRICT JUDGE
Moore (“Mr. Moore” or “Plaintiff”)
filed this Complaint on May 21, 2015, alleging a violation of
his civil rights under 42 U.S.C. § 1983 because of his
sex treatment need score. Mr. Moore is currently incarcerated
at the MacDougall-Walker Correctional Institution in
Suffield, Connecticut, and proceeds pro se. Compl.,
ECF No. 1. The initial Complaint named only Warden Carole
Chapdelaine as a defendant. Compl. at 1.
an amendment to the Complaint and other activity, including
the dismissal of Chapdelaine and the addition and dismissal
of other defendants, the remaining defendants have moved for
summary judgment, arguing that Mr. Moore was not denied due
process in connection with his classification, Defendants did
not assign his sex offender classification score, Defendants
are entitled to qualified immunity, and the claim is
time-barred. Mot. Summ. J., ECF No. 43.
reasons that follow, Defendants' motion is
FACTUAL AND PROCEDURAL BACKGROUND
January 1996, Mr. Moore pled guilty to a charge of selling
illegal drugs and a risk of injury charge, related to an
incident that occurred in 1993. Pl.'s Obj. to Mot. Summ.
J., Moore Aff. ¶ 6, ECF No. 46-2. He served his sentence
and, in 2003, was released on probation. Id. ¶
7. In 2007, Mr. Moore served time again: he was
“briefly incarcerated on a misdemeanor drug possession
charge, ” and then released on probation. Id.
¶ 8. In July 2009, while on probation, Mr. Moore faced
another criminal charge, for bank robbery. Id.
¶ 9. Sentenced on December 14, 2010, Mr. Moore is
currently serving a thirty-four year sentence for robbery in
the first degree based for that crime. Def.'s 56(A)(1)
statement ¶ 1, ECF No. 43-2 (citing
in prison, Mr. Moore received discipline for public indecency
on August 29, 1991, for masturbating during a Narcotics
Anonymous meeting in the presence of fifty inmates.
Id. ¶ 25. On January 1, 1992, Mr. Moore pled
guilty to a sexual misconduct disciplinary charge for
masturbating in the presence of a correctional officer.
Id. ¶ 26. On April 18, 1992, Mr. Moore pled
guilty to a disciplinary report for public indecency for
holding his penis and caressing himself. Id. ¶
27. On May 8, 1992, Mr. Moore made sexual advances toward a
female staff member, who refused his advances; he persisted,
and she directed him to leave the room. Id. ¶
28. On October 20, 1994, Mr. Moore pled guilty to a
disciplinary report for public indecency for staring at a
correctional officer and caressing his penis which was out of
his pants and erect. Id. ¶ 29.
December 1, 1997, Mr. Moore pled guilty to a disciplinary
charge for public indecency when an officer witnesses him
playing with his penis in full view. Id. ¶ 30.
On October 27, 1998, Mr. Moore pled guilty to a disciplinary
charge for public indecency for exposing and fondling himself
in front of a correctional officer whenever the officer
approached his cell door during every scheduled and
unscheduled tour of the housing unit the officer made over a
two-week period. Id. ¶ 31. On May 3, 1999, Mr.
Moore pled guilty to a disciplinary charge for public
indecency for exposing himself to a correctional officer and
masturbating. Id. ¶ 32. On April 17, 2007, Mr.
Moore received discipline again, having been found guilty of
assault for slapping a correctional officer on the buttocks
as he walked by her. Id. ¶ 33.
Moore alleges that he participated in a “Track 1 Sex
Offender Program, ” beginning on October 12, 2000, and
ending on November 1, 2001, and that he has never been
convicted for sexual assault. Am. Compl. ¶ 5. He also
alleges that Counselor Wright required him to complete this
program and told him that, if he did, he would be released on
parole as a result, which he claims he was not. Id.
August 30, 2011, Mr. Moore received an offender
accountability plan. Def.'s 56(A)(1) statement ¶ 37.
Defendant Weldon did not participate in writing the plan.
Id. The staff member who created the plan, indicated
“S1” on it, a referral to mental health to
determine whether Mr. Moore should take the sex offender
track 1 program. Id. ¶ 38.
Moore alleges that, on January 20, 2015, he met with
Counselor Aubey, “the Counselor for L-pod at
MacDougall-Walker Correctional Institution (at the time) to
discuss an unrelated matter with him.” Pl.'s
56(A)(1) statement ¶ 11. During the meeting, Mr. Moore
claims that he noticed on his records a classification of
“S1, ” which Counselor Aubey explained was a sex
offender score. Id. ¶¶ 12-13. Mr. Moore
alleges that Counselor Aubey was not a member of the mental
health staff, and that the information on Counselor
Aubey's computer was available to many members of the
Department of Corrections staff. Id. ¶¶
Moore alleges that he sent “several letters to the
Defendant Doctor Coleman seeking a copy of his mental health
file.” Am. Compl. ¶ 1. On February 10, 2015,
Counselor Rosario responded that Mr. Moore should stop
writing to Dr. Coleman, and that, if he wanted to obtain his
mental health file, he should submit a request for a chart
review. Id. On June 18, 2015, Dr. Coleman explained
to Mr. Moore that his sex offender level was not a mental
health classification issue, and directed him instead to Ms.
Redden, the Director of the Sex Offender Program.
Id. ¶ 4.
23, 2015, Mr. Moore allegedly met with Defendants Redden and
Dutkeiwicz to discuss the status of his sex treatment needs
score. Pl.'s Obj. to Mot. Summ. J., Pl. Affidavit ¶
18; Am. Compl. ¶ 2. Those Defendants allegedly explained
to Mr. Moore that his “sister had been arrested on a
prostitution charge, ” and that he had a
“substantial number of masturbation tickets and said,
‘You have a problem.'” Pl.'s Obj. to Mot.
Summ. J., Pl. Affidavit ¶¶ 20-21. Mr. Moore
allegedly told Mr. Redden that he had not received a ticket
for masturbation in more than fifteen years, and “she
stated, ‘I don't care, I'm not changing your
score.'” Id. ¶ 22. In Mr. Moore's
case, he had been convicted for risk of injury to a minor,
but the charges for sexual assault in the first degree and
sexual assault in the fourth degree had been nolled.
Def.'s 56(A)(1) statement ¶ 4. Prison officials
removed the S1 designation from Mr. Moore's offender
accountability plan on July 7, 2015, after verifying that Mr.
Moore had completed the sex offender track 1 program.
Id. ¶ 43.
Sex Treatment Need Scores
Connecticut inmates are assigned risk scores and needs
scores. Id. ¶ 5. Risk scores encompass escape,
the severity or violence of the current offense, history of
violence, length of sentence, existence of pending charges or
a detainer, disciplinary history, and security risk group
affiliation. Id. Needs scores are assigned for
medical needs, mental health needs, educational needs,
vocational or work skills, the need for substance abuse
treatment, the need for sex treatment and the need for
community resources. Id. Risk scores range from a
low of “1” to a high of “5” for
severity or violence of the current offense, history of
violence, the presence of pending charges or detainers, and
security risk group affiliation. Id. ¶ 6. All
other risk scores range from a low of “1” to a
high of “4.” Id. Needs scores all range
from a low of “1” to a high of “5.”
Id. ¶ 7. Each inmate is assigned an overall
risk level that is determined by the inmate's highest
risk score. Id. ¶ 8. The overall risk score
determines the inmate's place of confinement.
Id. ¶ 9. Needs scores, other than the sex
treatment need score, do not affect the inmate's overall
risk level. Id. ¶ 10. If an inmate is serving a
sentence for a sex-related offense, he may not be classified
below overall risk level “3” without the prior
approval of the Commissioner or his designee. Id.
Moore has the following risk scores: escape “2, ”
length of confinement “4, ” severity or violence
of current offense “4, ” history of violence
“1, ” presence of pending charges or a detainer
“1, ” disciplinary history “1, ” and
security risk group affiliation “1.” Id.
¶ 11. His overall risk score therefore is
“4.” Id. Mr. Moore's needs scores
are: medical “3, ” mental health “3,
” education “3, ” vocational or work skills
“3, ” substance abuse treatment “4, ”
sex treatment “3, ” and community resources
“1.” Id. ¶ 12.
treatment need scores are assigned using the Department of
Correction Classification Manual. Id. ¶ 13. A
score of “1” indicates no current conviction,
pending charges or identified history of sexual offenses.
Id. ¶ 14. A score of “5” indicates
a current conviction, pending charges or known history of