Adam v. Otis Bantum Correctional Facility

Background

Hussein Adam, who was detained at the Otis Bantum Correctional Center (OBCC), brought a civil-rights action under 42 U.S.C. § 1983 without a lawyer. The complaint was initially filed by Adam and 62 other OBCC detainees. The court previously directed that each person’s claims be separated into an individual civil action.

The complaint contained handwritten allegations from several people about alleged denial of medical care, conditions at OBCC, and retaliation for complaints about those conditions. The court found that the allegations were not written specifically about Adam’s experiences and did not explain how any particular defendant violated his rights. Although correctional officers were mentioned, they were not named as defendants. The named defendants were the City of New York, OBCC, Mayor Eric Adams, and Commissioner Lynelle Maginley-Liddie.

Screening of the Claims

Because Adam was allowed to proceed without prepaying the filing fee, the court screened the complaint under 28 U.S.C. § 1915(e)(2)(B). That statute requires dismissal of claims that are frivolous or malicious, fail to state a claim for relief, or seek money from an immune defendant. The court also noted that a complaint must contain enough facts to make a claim plausible and must comply with the requirement of providing a short and plain statement of the grounds for relief.

Otis Bantum Correctional Center

The court dismissed the claims against OBCC for failure to state a claim. It held that OBCC is a jail operated by the New York City Department of Correction, and that the Department is a City agency that generally cannot be sued under the New York City Charter. The court stated that claims Adam intended to bring against OBCC could instead be asserted against the City of New York.

Mayor Eric Adams and Commissioner Lynelle Maginley-Liddie

The court dismissed the official-capacity claims against Mayor Adams and Commissioner Maginley-Liddie. An official-capacity claim is treated as a claim against the government entity that employs the official; here, the court treated those claims as claims against the City of New York, which was already named as a defendant.

The court also dismissed the personal-capacity claims against Adams and Maginley-Liddie for failure to state a claim. Section 1983 requires facts showing each defendant’s direct and personal involvement in the alleged constitutional violation. The court found that Adam alleged no facts showing that either Adams or Maginley-Liddie was personally involved.

Leave to Amend and Required Information

The court granted Adam leave to file an amended complaint within 60 days. The amended complaint must name the individuals who allegedly violated his rights, including by using “John Doe” or “Jane Doe” if he does not yet know a person’s name. It must also state facts showing what each defendant did or failed to do, the approximate date and location of each event, the injuries Adam suffered, and the relief he seeks.

The amended complaint will completely replace the original complaint rather than supplement it, so Adam must repeat any facts or claims from the original complaint that he wants the court to consider. If he does not file a compliant amended complaint within the permitted time and cannot show good cause, the complaint will be dismissed for failure to state a claim.

Disposition

Judge Laura Taylor Swain granted Adam leave to file an amended complaint. The court dismissed Adam’s claims against Otis Bantum Correctional Center, Mayor Eric Adams, and Commissioner Lynelle Maginley-Liddie. The court stated that the official-capacity claims against Adams and Maginley-Liddie may be asserted against the City of New York, while the personal-capacity claims against them were dismissed for lack of allegations showing personal involvement. The court also certified that any appeal would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal.