Bush v. The People of the State of New York

Background

Jahreek Bush filed what the court believed he intended as an amended complaint. The court referred to its September 18, 2024 order, which had explained that most of the persons and entities Bush sued could not be sued.

Claims Dismissed Based on the Earlier Order

The court dismissed the claims against Defendants Conaty, Puma, Blackaby, Mannino, Quinn, Vasu, Wheelock, Williams, Levander, and Heavey for the reasons stated in the September 18, 2024 order. For the same reasons the court dismissed the claims against Quinn and Mannino, it also dismissed the claims against Green, whom the opinion identifies as one of Bush's federal defense attorneys.

To the extent Bush continued to name them as defendants, the court dismissed claims against the United States of America; the People of the State of New York; New York State Police Liberty Barracks; New York State Troopers Headquarters; Sullivan Sheriff County Jail; Westchester County Jail; and the Counties of Sullivan and Westchester, again relying on the earlier order.

Other Grounds for Dismissal

The court dismissed the claims against Farrell, Solomon, Karas, and Reznik because judges are absolutely immune from suit for their official acts, even when those acts are alleged to be erroneous or injurious.

The court understood the claims against Natilizio to concern strip searches of Bush before and after court and Natilizio's failure to provide Miranda warnings. It held that neither allegation stated a claim upon which relief could be granted. The court cited authority stating that a Miranda violation does not provide a basis for a claim under 42 U.S.C. § 1983, the federal civil-rights statute used to sue certain government officials, and authority stating that strip searches when entering and leaving a jail serve a legitimate purpose of preventing contraband from entering or leaving.

The court also dismissed any claims against Rodriguez because the amended complaint—and the original complaint—provided no facts explaining what Rodriguez did to violate Bush's rights.

Disposition

Judge Cathy Seibel ordered that the claims against all defendants except Stone and Lin be dismissed. The opinion does not state a separate disposition of the claims against Stone or Lin.

Classification Basis

This is a procedural order because the court dismissed claims based on defendants' inability to be sued, judicial immunity, failure to state a claim, and the absence of supporting facts, rather than deciding the underlying merits of any surviving claim.