Turnball v. Otis Bantum Correctional Facility

Background

Lewis Turnball, who was detained at the Otis Bantum Correctional Center, filed this action without a lawyer under 42 U.S.C. § 1983, a law allowing claims for violations of federal constitutional rights by persons acting under state law. The court had already allowed him to proceed without paying the filing fee in advance.

Turnball’s action was originally filed with claims from 62 other detainees. The court previously ordered that each individual’s claims be separated into a new civil action. The complaint contained allegations concerning alleged denial of medical care, conditions at the facility, and retaliation for complaints about those conditions. But the allegations were written from the perspective of the group and did not describe Turnball’s individual experience or state that he personally suffered the alleged denial of care or made the alleged complaints.

The complaint named the City of New York, Otis Bantum Correctional Center, Mayor Eric Adams, and Commissioner Lynelle Maginley-Liddie. Individual correction officers were mentioned but were not named as defendants.

Screening and Claims Against the Facility

Because Turnball was allowed to proceed without prepaying fees, the court screened the complaint under 28 U.S.C. § 1915(e)(2)(B). That provision requires dismissal of claims that are frivolous, malicious, fail to state a claim for relief, or seek money from an immune defendant. The court also explained that a complaint must contain enough factual detail to make liability plausible, while still reading a self-represented litigant’s allegations liberally.

The court dismissed the claims against Otis Bantum Correctional Center for failure to state a claim because the facility is a jail operated by the New York City Department of Correction, and the Department of Correction is a city agency that cannot generally be sued separately under the New York City Charter. The court stated that claims Turnball intended to bring against the facility could be asserted against the City of New York.

Claims Against Adams and Maginley-Liddie

The court dismissed the official-capacity claims against Mayor Adams and Commissioner Maginley-Liddie because an official-capacity claim is treated as a claim against the governmental entity—in this case, the City of New York. The court stated that those claims may proceed against the City.

The court also dismissed the personal-capacity claims against Adams and Maginley-Liddie. A § 1983 claim requires facts showing each defendant’s direct and personal involvement in the alleged constitutional violation. The court found that Turnball alleged no facts showing that either Adams or Maginley-Liddie was personally involved. The court also explained that officials cannot be held liable merely because they supervise or employ someone who allegedly violated a person’s rights.

Required Amendment

The court concluded that the complaint did not provide facts about Turnball’s own experiences or identify which correction officers allegedly violated his rights. It directed him to name the individual defendants in the caption and explain how each personally violated his rights. If he did not know an officer’s name, he could use a description such as “John Doe” or “Jane Doe,” but the court warned that doing so would not stop the three-year limitations period from running.

The amended complaint must provide a short and plain statement of the facts, the relevant people’s names and titles, what each defendant did or failed to do, approximate dates and locations, Turnball’s injuries, and the relief requested. The amended complaint will replace the original complaint rather than supplement it, so any facts or claims he wants to preserve must be repeated.

Disposition

The court granted Turnball leave to file an amended complaint within 60 days, with the docket number 24-CV-9636 (LTS). It dismissed the claims against Otis Bantum Correctional Facility, Adams, and Maginley-Liddie as described above. No summons would issue at that time. The court also certified that an appeal would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal. Judge Laura Taylor Swain signed the order on February 5, 2025.