Garland v. Warden, Fishkill Correctional Facility

Background

Tamarkqua Garland, who the opinion says was incarcerated in Clinton Correctional Facility, filed a complaint challenging his 2015 conviction and asserting civil-rights claims. In an earlier order, the court directed Garland to file an amended petition under 28 U.S.C. § 2254 if he wanted to challenge the conviction, or an amended civil-rights complaint under 42 U.S.C. § 1983 if he wanted to pursue claims about a 2014 or 2015 use-of-force incident. The court also required a fee-waiver application and prisoner authorization for the civil-rights action.

On December 6, 2022, Garland filed an application challenging the conviction and adding facts about his civil-rights claims. He then filed two amended petitions under § 2254.

Claims described in the application

Garland alleged that on September 14, 2015, he was attacked by correctional officers at the George Motchan Detention Center. He said several officers kicked and stomped him, placed a knee on his neck, threw him into a barred window, slammed him onto a concrete floor, and suspended him upside down. He also alleged that Captain Pines did not intervene. The opinion identifies Correction Officers Covington and Perrone, by shield numbers, and Captain Pines as people Garland named in connection with the incident. Garland said he continued to experience debilitating pain. The opinion states that it is unclear whether the alleged attack occurred at 9:20 in the morning or evening.

Garland also described an injury from slipping on a greasy kitchen floor on October 3, 2014, and an injury from being scalded by hot water while showering on an unspecified date.

Court’s action

To address the conviction challenge and civil-rights claims separately, the court severed the civil-rights claims under Federal Rule of Civil Procedure 21. The § 2254 petition challenging the 2015 conviction was to proceed under docket number 22-CV-8712. The court directed the Clerk to treat pages 5 and 6 of Garland’s December 6 letter as a § 1983 civil-rights complaint and open a new civil action naming Correction Officer Covington, Correction Officer Perrone, Captain Pines, and the City of New York as defendants. The Clerk was also directed to refile the prisoner authorization in the new case and docket a copy of the order there.

Appeal-related ruling

The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. It therefore denied fee-free status for an appeal. The order did not decide the merits of Garland’s conviction challenge or civil-rights claims.