Werner v. New York County, NYC

Background

Bradley A. Werner, Jr., a prisoner at Marcy Correctional Facility, filed this self-represented action under 42 U.S.C. § 1983, a federal law allowing claims for constitutional violations committed under state authority. He alleged unconstitutional conditions of confinement, challenged the legality of three state-court convictions, and sought release from custody and money damages. He named the City of New York; the New York City Department of Correction; Assistant District Attorney Myles Ashong; Assistant Chief Investigator Michael Wigdor; and Captain Murray, Badge No. 1483.

In an earlier order, Chief Judge Swain directed Werner to amend his complaint. That order explained that Werner could not challenge his convictions in a civil-rights complaint; that damages claims related to allegedly wrongful convictions were barred unless the convictions had been invalidated; that the complaint did not adequately plead municipal liability against the City; and that it did not adequately plead the confinement claims or identify defendants personally involved in those events. Werner filed an amended complaint on October 7, 2024.

Rulings on the Amended Complaint

The court declined to treat the amended complaint as a petition under 28 U.S.C. § 2254, a procedure for challenging state custody, because Werner had not exhausted his state-court remedies. The court dismissed without prejudice the claims challenging the constitutionality of his convictions, preserving his ability to file a timely § 2254 petition after exhausting those remedies.

The court also dismissed without prejudice Werner’s damages claims arising from his convictions under the favorable-termination rule. That rule generally prevents a civil-rights plaintiff from recovering damages for an allegedly unconstitutional conviction or imprisonment unless the conviction or sentence has been reversed, expunged, declared invalid, or otherwise called into question through a qualifying court ruling.

The court dismissed the claims against the New York City Department of Correction because a New York City agency is not a suable entity. Subject to the conditions in the order, the court permitted Werner to file a second amended complaint naming the proper entity.

The court dismissed the claims against Assistant District Attorney Myles Ashong. It held that the alleged actions were within Ashong’s official duties and connected with the conduct of a trial, making Ashong immune from civil damages for those acts under prosecutorial-immunity principles.

The court dismissed the claims against Michael Wigdor for failure to state a claim. The amended complaint alleged that Wigdor knew about violations and failed to act, but the court held that these allegations did not show Wigdor’s direct and personal involvement. The court also explained that a government official cannot be held liable merely because the official supervises or employs someone who allegedly violated a plaintiff’s rights.

Claims and Defendants Remaining for Further Proceedings

The court directed the Clerk to notify the New York City Department of Correction and the New York City Law Department. It requested that the City of New York and Captain Murray waive service of summons and warned Werner that he must notify the court of any address change.

The amended complaint allegedly provided enough information for the New York City Law Department to identify the John and Jane Doe defendants connected to Werner’s allegations of assaults and denial of medical care while he was in Department of Correction custody. The court ordered the Law Department to provide their identities, badge numbers, and service addresses to Werner and to file an affidavit within 60 days confirming that it had done so. Werner was directed to file a second amended complaint naming those defendants within 30 days after receiving the information.

The court also informed Werner that he could seek limited legal assistance from the City Bar Justice Center’s Federal Pro Se Legal Assistance Project. That organization would not become his attorney of record based on the information in the order.

Disposition

Judge Paul A. Engelmayer dismissed without prejudice Werner’s claims challenging his state-court convictions. The court also dismissed Werner’s claims against the New York City Department of Correction, Myles Ashong, and Michael Wigdor. The court stated that no certificate of appealability would issue for the dismissed claims and certified that an appeal would not be taken in good faith, denying fee-waiver status for purposes of an appeal. The order did not dismiss the entire action because it directed further steps concerning the City, Captain Murray, and the unnamed defendants.