Hogan v. Fischer, No. 12-4246 (2d Cir. 2013)
Annotate this CasePlaintiff, a prison inmate, filed suit alleging that three masked correction officers (COs) sprayed him while he was in his cell with an unknown substance, apparently a mixture of fecal matter, vinegar, and machine oil. The COs were retaliating against plaintiff for reporting several prior assaults. The district court dismissed for failure to state a claim under Rule 12(b)(6) and 12(c). The court was unwilling to accept, as a matter of law, the proposition that spraying an inmate with a mixture of feces, vinegar, and machine oil constituted a de minimis use of force. Even assuming arguendo that the physical force allegedly used was de minimis, spraying an inmate with the mixture was undoubtedly "repugnant to the conscience of mankind" and therefore violated the Eighth Amendment. The court vacated and remanded, concluding that the complaint plausibly alleged violations of his constitutional rights and that the applicable statute of limitations did not preclude plaintiff from amending his complaint to name certain John Doe defendants.
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