United States District Court, D. Connecticut
INITIAL REVIEW ORDER
A. Dooley United States District Judge
se Plaintiff, Jean Karlo Conquistador
(“Conquistador”), currently confined at
Bridgeport Correctional Center in Bridgeport, Connecticut,
brings this civil rights complaint pursuant to 42 U.S.C.
§ 1983. He asserts claims of deliberate indifference,
retaliation, use of excessive force, and unlawful seizure of
property in violation of his rights under the First, Fourth,
Eight, and Fourteenth Amendments against six defendants, all
employees of the Department of Correction: Captain Fahd Syed,
and Officers Bakewell, Blekis, Kennedy, Colombo, and Allegne.
Conquistador seeks damages against the defendants in their
individual and official capacities. The complaint was
received on September 19, 2019, and Conquistador's motion
to proceed in forma pauperis was granted on October
section 1915A of title 28 of the United States Code, the
Court must review prisoner civil complaints and dismiss any
portion of the complaint that is frivolous or malicious, that
fails to state a claim upon which relief may be granted, or
that seeks monetary relief from a defendant who is immune
from such relief. Id. In reviewing a pro se
complaint, the Court must assume the truth of the
allegations, and interpret them liberally to “raise the
strongest arguments [they] suggest.” Abbas v.
Dixon, 480 F.3d 636, 639 (2d Cir. 2007). see also
Tracy v. Freshwater, 623 F.3d 90, 101-02 (2d Cir. 2010)
(discussing special rules of solicitude for pro se
litigants). Although detailed allegations are not required,
the complaint must include sufficient facts to afford the
defendants fair notice of the claims and the grounds upon
which they are based and to demonstrate a right to relief.
Bell Atlantic v. Twombly, 550 U.S. 544, 555-56
(2007). Conclusory allegations are not sufficient.
Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). The
plaintiff must plead “enough facts to state a claim to
relief that is plausible on its face.”
Twombly, 550 U.S. at 570.
August 26, 2019, Disciplinary Investigator Snowden told
Conquistador that he would be returning to the IPM2 Unit for
continuation in the Chronic Discipline Program because he
could not be held for more than two weeks pending
investigation of a disciplinary report for alleged threats.
Doc. No. 1, ¶ 1. He was escorted to IPM2, cell 606 at
11:40 a.m. Id. ¶ 2.
complained that the cell had feces on the walls, floor, and
toilet and smelled of urine; that the toilet did not work,
and that there was no table or chair for him to study or do
paperwork. Id. ¶ 3. He was ignored for several
hours. Id. ¶ 4.
hours later, Officer Falcone and defendant Alleyne delivered
Conquistador's bedroll and box of legal files.
Id. ¶ 5. He was handcuffed and directed to step
out of the cell so his belongings could be placed in the
cell. Id. ¶ 6. Conquistador objected to having
his belongings placed in the cell and refused to re-enter the
cell. Id. ¶ 7. He lay face-down on the floor
and refused to walk back into the cell. Id. ¶
moments later, defendants Syed, Bakewell, Blekis, Kennedy and
other officers arrived at the cell. Id. ¶ 9.
Defendant Syed asked Conquistador, who was still on the
floor, what the problem was. Id. ¶ 10.
Conquistador described his objections to the cell condition.
Id. Defendant Syed disregarded his concerns and
ordered Conquistador to “get up and walk.”
Id. ¶ 11. When Conquistador objected, defendant
Syed said that “that was going to be his cell.”
Id. ¶¶ 12-13.
continued to refuse to get up and enter the cell.
Id. ¶ 14. He was picked up and carried into the
cell. Id. ¶ 15. He was not being physically
hostile or trying to attack any officer and did not make any
sudden movements. Id. Inside the cell, defendant
Alleyne twisted his left foot causing pain. Id.
¶ 16. Defendants Blekis and Kennedy twisted his wrists.
Id. Defendant Bakewell sprayed him in the face with
a chemical agent after defendant Syed ordered that the
handheld camera not be turned on and that Conquistador's
head be held up. Id. ¶ 16, 18. Defendant
Kennedy grabbed Conquistador's neck to hold up his head.
Id. ¶ 17.
week prior to this incident, defendants Syed and Alleyne
received copies of a complaint Conquistador had filed against
them. Id. ¶ 20.
August 30, 2019. Defendants Bekis and Columbo transported
Conquistador to Bridgeport Correctional Center
(“Bridgeport”) after Conquistador was arraigned
on charges that he had threatened Correctional Officer Rehm,
a defendant in another lawsuit filed by Conquistador.
Id. ¶ 21. When Conquistador asked them to get
his property from the van, defendant Blekis said he was not
getting anything. Id. ¶ 22. They brought his
property back ...