Moments v. Adams
- Jesse Furman
- 1:24-cv-05973
- U.S. District Court · Southern District of New York
- 5
In Betta Moments v. Adams, Judge Furman dismissed claims against unidentified supervisors and ordered service on Mayor Adams in a civil-rights case.
Betta Moments’s claims against the unidentified supervisors of the three New York City offices were dismissed because the complaint did not allege their personal involvement. The court directed the Clerk and U.S. Marshals Service to serve Mayor Eric Adams, and the case’s underlying claims against him were not decided in this order.
What happened
Betta Moments brought this civil-rights case without a lawyer under a federal law allowing lawsuits for constitutional violations by state officials. The court had allowed Betta Moments, who is incarcerated, to proceed without prepaying filing fees.
The court dismissed the claims against the unidentified supervisors of three New York City offices because Betta Moments did not allege facts showing that they were personally involved in the events at issue. The opinion does not describe the underlying events or constitutional claims in detail.
Judge Jesse M. Furman ordered the Clerk of Court and the U.S. Marshals Service to take steps to serve Mayor Eric Adams. The order also explains that Betta Moments must request more time if service is not completed within 90 days after the summons is issued and must notify the court of any address change.
The detailed version
- Moments v. Adams · No. 1:24-cv-05973
- Jesse Furman
- Sept. 30, 2024
Background
Betta Moments filed a lawsuit under 42 U.S.C. § 1983, a federal law that allows claims for violations of federal rights by people acting under state law. Betta Moments is incarcerated and is proceeding without a lawyer. The court had granted permission to proceed without prepaying filing fees.
The defendants named in the caption were Mayor Eric Adams and unidentified supervisors associated with the New York City Office of Contract Services, Office of Management and Budget, and City’s Law Department. The opinion does not provide details about the events underlying Betta Moments’s claims.
Screening of the Unidentified Defendants
Because Betta Moments was allowed to proceed without prepaying filing fees and is incarcerated, the court reviewed the complaint under federal screening statutes. The court explained that a § 1983 claim requires facts showing both a violation of a federal right and action under state law. It also requires facts showing each defendant’s direct and personal involvement. A supervisor cannot be held liable solely because the supervisor oversees someone who allegedly violated a plaintiff’s rights.
The court found that Betta Moments alleged no facts showing how the unidentified supervisors were personally involved in the events underlying the claims. It therefore dismissed the claims against those unidentified defendants for failure to state a claim on which relief may be granted.
Service on Mayor Adams and Other Instructions
The court directed the Clerk of Court to issue a summons, complete the required Marshals Service form, and provide the necessary paperwork to the U.S. Marshals Service so that Mayor Adams could be served. The Clerk was also directed to mail Betta Moments an information package and a copy of the order.
The court stated that if the complaint is not served within 90 days after the summons is issued, Betta Moments should request an extension of time. Betta Moments must notify the court in writing of any address change. The court also identified a private legal clinic that may provide limited assistance to people proceeding without lawyers.
Judge Jesse M. Furman signed the order. The order dismisses the claims against the unidentified supervisors and directs service of the complaint on Mayor Adams; it does not describe or decide the merits of the underlying constitutional claims.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.