Thomas James Clauso, III v. Guard Martinelli

Camden, New Jersey civil rights lawyer represented the Plaintiff.

Plaintiff is a convicted and sentenced state prisoner currently detained in South Woods State Prison ("SWSP"), Bridgeton, New Jersey. DSOF ¶ 1. On July 26, 2018, Plaintiff filed a lawsuit under 42 U.S.C. § 1983 against Defendants and other individuals raising claims regarding the conditions of his confinement. Id. ¶¶ 3-4. Prior to Plaintiff's transfer to SWSP in April 2018, Plaintiff received disciplinary sanctions at Northern State Prison for prohibited act *.704, perpetrating frauds, deceptions, confidence games, riots or escape plots, a category B offense. Id. ¶ 8. The hearing officer imposed 155 days administrative segregation, 155 days loss of computation time, 20 days loss of recreation privileges, and 10 days loss of telephone privileges as sanctions. Id. Plaintiff was placed into SWSP's Administrative Close Supervisor Unit ("ACSU") C-Pod 1029 C after his transfer due to the charges from Northern State. Id. ¶¶ 7-8. "[H]e was housed in ACSU C-Pod 1029 C from April 19, 2018 to May 27, 2018, and the[n] again from May 28, 2018 to August 22, 2018." Id. ¶ 9.



According to the complaint, Guard Martinelli falsely claimed that Plaintiff threatened to stab him with a screwdriver Plaintiff kept in his cell. ECF No. 1 at 16. On or about May 27, officers took Plaintiff to "the rubber room." Id. at 17. Sergeant Chard threatened Plaintiff with his "Iron Maiden" and said they "got the idea from Apartheid." Id. Plaintiff alleges Guard Martinelli threatened to chain his face to the toilet. Id. The disciplinary charges against Plaintiff were later dropped, but the officers allegedly continued to harass Plaintiff. Id. at 18. Plaintiff alleged that the officers were "all racist, Nazis and white Supremacists" and described various acts of torture against Black people. Id. Plaintiff claims he informed Administrator Bonds of all this, and Administrator Bonds responded at one point that if Plaintiff "[kept] it up," Administrator Bonds "would have Sgt. Chard finish [him] off." Id. at 22-23.



"Plaintiff's complaint is lengthy, handwritten, difficult to read, and may be missing pages. Plaintiff's allegations in any event are somewhat unclear - they weave back in on themselves and it is not always clear whether some repeated allegations refer to the same incidents or incidents which reoccurred. It is also difficult to discern from Plaintiff's complaint the exact timeline of when Plaintiff was confined to his cell, and how much of the time that he claims he has been without a shower or yard time overlaps with his temporary confinement to the 'rubber room' in May 2018." ECF No. 3 at 3 n.1.



Plaintiff's complaint also alleges various claims related to the conditions of his confinement. According to Plaintiff, Plaintiff was confined to his cell for a period of a few weeks. During this time, Plaintiff states that he was denied access to a shower, denied exercise time, denied his walking equipment or a wheelchair, and was essentially left to fester in his cell by Chard, Hansen, and Martinelli. Plaintiff further alleges that the guards refused to turn on the lights in his cell.



Plaintiff made other allegations against people who are not parties to the motion for summary judgment. The Court need not address those claims at this time since Defendants Chard, Goldsborough, and Williams have not entered an appearance in this matter.



On July 3, 2019, the Court screened the complaint under 28 U.S.C. § 1915(e) and permitted a conditions of confinement claim against Defendants Chard, Goldsborough, Hansen, Martinelli, Bonds, and Williams; a claim for targeted harassment unrelated to prison needs by the four guards; a claim for denial of medical care related to the seizing of his walkers and wheelchair by the four guards; an excessive force claim against Goldsborough; and a legal mail claim against Defendants Goldsborough and Bonds to proceed. ECF No. 3. Defendants Hansen, Martinelli, and Bonds now move for summary judgment on Plaintiff's claims against them. ECF No. 47.

ORDER DISMISSING this matter without prejudice; directing the Clerk of the Court to mark this case as closed; Plaintiff may move to reinstate this matter for good cause within 30 days of entry of this Order. Signed by Judge Edward S. Kiel on 8/12/2024. (sms2) (Entered: 08/12/2024)