United States District Court, D. Connecticut
ORDER OF DECONSOLIDATION AND DISMISSAL OF
CLAIMS
STEFAN
R. UNDERHILL, UNITED STATES DISTRICT JUDGE.
Plaintiff
Ja-Qure Al-Bukhari ("Al-Bukhari"), a/k/a Jerome
Riddick, is currently confined in a Connecticut Department of
Correction facility. On July 13, 2017, the court held a
status conference to discuss the management often civil cases
filed by Al-Bukhari. At that time, this lead case had already
been consolidated with member case Al-Bukhari v.
Connecticut Department of Correction, et al, Case No.
3:15-cv-528 (SRU). See Notice of Consolidation, Doc.
No. 24. On July 21, 2017, the court issued an order
pertaining to the consolidation of this lead case with
Al-Bukhari v. Department of Correction, et al, Case
No. 3:16-cv-439 (SRU), and Riddick v. Semple, et al,
Case No. 3:16-cv-1769 (SRU), in an effort to consolidate all
cases that asserted claims regarding Al-Bukhari's
placement on Administrative Segregation and the conditions of
confinement in Administrative Segregation. See
Order, Doc. No. 64, at 2. Pursuant to the court's order
of consolidation and the clerk's notice of consolidation,
member cases Al-Bukhari v. Department of Correction, et
al, Case No. 3:16-cv-439 (SRU), and Riddick v.
Semple, et al, Case No. 3:16-cv-1769 (SRU) were
consolidated with this lead case, the member cases were
closed without prejudice and Al-Bukhari was to file an
amended complaint in this lead case to assert claims
pertaining to his placement on Administrative Segregation and
the conditions of confinement in Administrative Segregation.
See Order, Doc. No. 64, at 2; Notice of
Consolidation, Doc. No. 65, at 1.
On
August 15, 2017, Al-Bukhari filed an amended complaint in
this action. See Am. Compl., Doc. No. 66. The
amended complaint names the Department of Correction, an
assistant attorney general and thirty-nine employees of the
Department of Correction as defendants and includes
twenty-eight counts relating to Al-Bukhari's confinement
at Garner Correctional Institution ("Garner"),
Cheshire Correctional Institution ("Cheshire"), and
Northern Correctional Institution, ("Northern").
See Id. Counts one through four, ten through
thirteen, and sixteen pertain to Al-Bukhari's placement
in Administrative Segregation at Cheshire and Garner in 2014
and 2015 and the conditions of confinement in Administrative
Segregation at Cheshire, Garner and Northern, including
mental health treatment, during a period from March 2014 to
August 2017; counts five through nine pertain to deprivations
of Al-Bukhari's First Amendment right to practice the
Muslim religion at Gamer and Cheshire in 2014 and 2015; count
fourteen pertains to the issuance of a disciplinary report in
May 2015 for security tampering in retaliation for
Al-Bukhari's use of outgoing mail; count fifteen pertains
to a strip search of Al-Bukhari performed in August 2015;
count seventeen pertains to a decision by prison staff to
deny Al-Bukhari access to a sexually-explicit magazine in
December 2014; and counts eighteen through twenty-eight
pertain to violations and the enforcement of the terms of the
2014 Settlement Agreement and the 2015 Clarification of the
terms of the agreement entered in Riddick v. Department
of Correction, et al, Case No. 13-cv-656 (SRU),
including a claim that defendants refused to comply with the
terms of the 2014 Settlement Agreement in retaliation for
Al-Bukhari's filing of two lawsuits in 2015. See
Id. at 4, 6-39.
On
April 11, 2018, the court filed an order clarifying the
claims raised in five cases filed by Al-Bukhari that remain
open, including this action, and one of the closed member
cases that is consolidated with this action, Riddick v.
Semple, et al, Case No. 16-cv-1769 (SRU). See
Order, Doc. No. 111. Pursuant to the order, six cases, each
involving specific, discrete claims will proceed and any
claim currently asserted in one case that should be asserted
in a different case will be dismissed without prejudice to
inclusion in an amended complaint to be filed in the proper
case. See Id. at 2.
With
regard to this consolidated action, the recent order
clarifying claims requires the court to deconsolidate and
reopen one of the member cases, Riddick v. Semple, et
al, Case No. 3:16-cv-1769 (SRU), because that case has
been identified as the action in which claims for violations
and enforcement of the 2014 Settlement Agreement and the 2015
Clarification of the terms of the agreement entered in
Riddick v. Department of Correction, et al, Case No.
13-cv-656 (SRU), will be addressed from this point on. In
addition, pursuant to the recent order clarifying claims,
Al-Bukhari has moved to withdraw counts nineteen through
twenty-eight of the amended complaint, Doc. No. 66, filed in
this lead case, which pertain to violations and the
enforcement of the March 2014 Settlement Agreement and the
2015 Clarification of the terms of the Agreement.
See Mot. Withdraw, Doc. No. 117. On June 5, 2018,
the court granted the motion to withdraw those claims.
See Order, Doc. No. 118. As indicated above, the
court also considers count eighteen, which includes a claim
of a retaliatory refusal by defendants to comply with the
terms of the 2014 Settlement Agreement, to be related to
counts nineteen through twenty-eight. Thus, count eighteen is
hereby dismissed without prejudice to Al-Bukhari asserting
that claim in an amended complaint filed in Riddick v.
Semple, et al, Case No. 16-cv-1769 (SRU). After the
Clerk deconsolidates and reopens Riddick v. Semple, et
al, Case No. 3:16-cv-1769 (SRU), the court will issue an
order in that case with regard to the filing of an amended
complaint to include the claims from counts eighteen through
twenty-eight, which pertain to violations and the enforcement
of the March 2014 Settlement Agreement and the 2015
Clarification of the terms of the Agreement.
There
is no basis on which to deconsolidate member case,
Al-Bukhari v. Correction, et al, Case No.
3:16-cv-439 (SRU), or member case Al-Bukhari v.
Connecticut, et al, Case No. 3:15-cv-528 (SRU), from the
lead case in this action. Thus, Al-Bukhari's motion to
deconsolidate and reopen Al-Bukhari v. Correction, et
al, Case No. 3:16-cv-439 (SRU), [Doc. No. 87], and
supplemental motion to deconsolidate and reopen
Al-Bukhari v. Correction, et al, Case No.
3:16-cv-439 (SRU), [Doc. No. 122], are denied. Member cases,
Al-Bukhari v. Correction, et al, Case No.
3:16-cv-439 (SRU), and Al-Bukhari v. Connecticut, et
al, Case No. 3:15-cv-528 (SRU), will remain closed and
consolidated with this lead case.
The
order clarifying claims also requires the dismissal of counts
five through nine of the amended complaint, Doc. No.
66, filed in this lead case, because those counts
relate to alleged deprivations of Al-Bukhari's First
Amendment right to practice his Muslim religion. As indicated
in the order clarifying claims, Al-Bukhari v. Connecticut
Department Correction, et al, Case No. 3:16-cv-1267
(SRU), includes claims pertaining to violations of
Al-Bukhari's rights under the First Amendment religion
and Religious Land Use and Institutionalized Persons Act
("RLUIPA"). See Order, Doc. No. 111, at 2.
Thus, counts five through nine of the amended complaint, Doc.
No. 66, filed in this lead case, which pertain to violations
of Al-Bukhari's rights under the First Amendment, are
hereby dismissed without prejudice to Al-Bukhari asserting
those claims in an amended complaint filed in Al-Bukhari
v. Correction, et al, Case No. 3:16-cv-1267 (SRU).
It
is hereby ordered that:
(1) The
Clerk is directed to DECONSOLIDATE member case Riddick v.
Semple, et al, Case No. 3:16-cv-1769 (SRU), from this
consolidated action and to REOPEN the case. There is no basis
on which to deconsolidate member case, Al-Bukhari v.
Correction, et al., Case No. 3:16-cv-439 (SRU), from the
lead case in this action. Thus, Al-Bukhari's Motion to
Deconsolidate and to Reopen Al-Bukhari v. Correction, et
al, Case No. 3:16-cv-439 (SRU), [Doc. No. 87], and
Supplemental Motion to Deconsolidate and to Reopen
Al-Bukhari v. Correction, et al, Case No.
3:16-cv-439 (SRU), [Doc. No. 122], are DENIED. Member cases,
Al-Bukhari v. Correction, et al, Case No.
3:16-cv-439 (SRU) and Al-Bukhari v. Connecticut, et
al, Case No. 3.T5-cv-528 (SRU), will remain closed and
consolidated with this lead case.
(2) The
claims in counts nineteen (19), twenty (20), twenty-one (21),
twenty-two (22), twenty-three (23), twenty-four (24),
twenty-five (25), twenty-six (26), twenty-seven (27), and
twenty-eight (28), of the Amended Complaint, Doc. No. 66,
filed in this lead case, have been WITHDRAWN by Al-Bukhari
and the claim in count eighteen (18), is hereby DISMISSED
without prejudice to Al-Bukhari asserting the claim in an
amended complaint filed in Riddick v. Semple, et al,
Case No. 3:16-cv-1769 (SRU). After Riddick v. Semple, et
al, Case No. 3:16-cv-1769 (SRU), is de-consolidated and
reopened by the Clerk, the court will issue an order in that
case permitting Al-Bukhari to file an amended complaint
asserting all claims previously raised in this action in
counts eighteen through twenty-eight as well as all claims
previously raised in other actions regarding violations and
enforcement of the 2014 Settlement Agreement and the 2015
Clarification of the terms of the agreement entered in
Riddick v. Department of Correction, et al, Case No.
13-cv-656 (SRU).
(3) The
claims in counts five (5), six (6), seven (7), eight (8), and
nine (9), of the Amended Complaint, Doc. No. 66, filed in
this lead case, are hereby DISMISSED without prejudice to
Al-Bukhari asserting those claims in an amended complaint
filed in Al-Bukhari v. Correction, et al, Case No.
3:16-cv-1267 (SRU). Accordingly, the court will issue a
separate order in Al-Bukhari v. Correction, et al,
Case No. 3:16-cv-1267(SRU), with regard to the filing of an
amended complaint.
In view
of this order clarifying the status of the claims asserted in
the amended complaint in this action as well as the status of
other actions filed by Al-Bukhari, the Motion for
Clarification, [Doc. No. 116], of the court's April 11,
2018 order ...