Green v. Marucello, III

Background

Wayne Green, who is incarcerated at Green Haven Correctional Facility, filed this action without a lawyer under 42 U.S.C. § 1983. He alleges constitutional violations based on deliberate indifference to his serious medical needs. The defendants named in the complaint were the New York State Department of Corrections and Community Supervision, also called DOCCS; Commissioner Daniel F. Martuscello III; Deputy Commissioner Anne Marie McGrath; Green Haven Superintendent Mark Miller; an unnamed nurse administrator; and Ashung, identified as a medical provider at Green Haven. The court had allowed Green to proceed without paying the filing fee upfront.

Screening and dismissed claims

The court reviewed the complaint under the statutes requiring dismissal of claims that are frivolous, fail to state a legally sufficient claim, or seek money from an immune defendant.

The court dismissed Green’s official-capacity claims against DOCCS and Commissioner Martuscello under the Eleventh Amendment. The court stated that New York had not waived this immunity and that Congress had not removed it through Section 1983.

The court also dismissed Green’s personal-capacity claims against Commissioner Martuscello and Superintendent Miller for failure to state a claim. Green did not allege facts showing that either official was personally involved in the events underlying his claims. The court explained that an official cannot be held liable under Section 1983 merely because the official supervises someone who allegedly violated a person’s rights.

Claims allowed to proceed and service

The complaint referred to Dr. K Young Kim as a doctor who allegedly provided Green with inadequate medical care. Because the court found that Green intended to name Kim as a defendant, it directed the Clerk of Court to add Kim to the caption. The addition was without prejudice to defenses Kim might later assert.

Because Green was allowed to proceed without prepaying fees, the court ordered the Clerk of Court and the U.S. Marshals Service to arrange service of the complaint on McGrath, Ashung, and Kim.

The court also directed the New York State Attorney General to identify the unnamed nurse administrator involved in decisions about Green’s medical treatment and provide the person’s identity and service address to Green and the court within 60 days. Within 30 days after receiving that information, Green must file an amended complaint naming the nurse administrator. The amended complaint will replace, rather than supplement, the original complaint, and the court will screen it.

Other directions and disposition

The court directed Green to notify the court if his address changes and stated that the action could be dismissed if he failed to do so. It certified that an appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal.

Judge Cathy Seibel’s order therefore dismissed the claims against DOCCS, Commissioner Martuscello, and Superintendent Miller; added Dr. Kim as a defendant; ordered service on McGrath, Ashung, and Kim; and required identification and later amendment concerning the unnamed nurse administrator.