Bonie v. Annucci

Background

Nasean Bonie, proceeding without a lawyer, submitted five letters seeking temporary restraining orders, or emergency court orders, in connection with his case. The letters alleged that officials and other people at Green Haven Correctional Facility verbally harassed and retaliated against him, threatened him, restricted his access to the law library, withheld a food package sent by his family, and engaged in other misconduct. Some allegations concerned people who were not defendants in this case, including Sgt. Rosita Rossy, Sgt. Zikia Jordan, C.O. Colombos, C.O. Heinz, and Deputy Kopp.

The court inferred from Bonie’s letters and attached grievances that he was seeking a transfer from Green Haven. Bonie’s underlying case included allegations concerning sexual harassment, including allegations involving C.O. Ileshema Thomas. The court noted that some defendants had appeared and others had not yet been served, but this order addressed only the temporary restraining-order applications.

Court’s Analysis

The court explained that prisoners generally have no constitutional or state-law right to be housed in a particular correctional facility, and that prison-transfer decisions are generally within the discretion of the New York Department of Corrections and Community Supervision. Therefore, Bonie had not shown a likelihood of success on a request for a court-ordered transfer.

The court also held that a temporary restraining order or preliminary injunction must concern the parties and issues presented in the underlying complaint. Nearly all of Bonie’s specific allegations involved people who were not defendants or events that did not appear in the amended complaint. The court therefore concluded that it lacked authority to decide most of those allegations in the requested emergency proceedings. It further found that Bonie’s general statements that “Defendants” were harassing or retaliating against him were too nonspecific and conclusory to show likely irreparable harm, meaning harm that could not adequately be repaired later.

The only specific allegation in the applications concerning a defendant in this case was that Superintendent Royce denied Bonie access to the law library. Applying the standard for emergency injunctive relief, the court found that Bonie had not shown actual and imminent irreparable harm. It noted that he had continued to litigate effectively by filing a complaint, an amended complaint, a request for appointed counsel, other requests for court intervention, and the applications at issue. The court also observed that no motions were pending and no briefing schedule had been set.

Finally, the court stated that Bonie generally must complete available administrative grievance procedures before bringing new claims in federal court, unless exhaustion is excused. The court warned that it would not entertain future requests unrelated to the events and parties in this case or requests involving claims that had not been properly exhausted.

Disposition

Judge Kenneth M. Karas denied Bonie’s temporary restraining-order applications. The court directed counsel for Anthony Annucci and Royce to mail Bonie a copy of the order and confirm that mailing on the docket. The order did not resolve the truth or merits of Bonie’s underlying allegations.