White v. John Doe 1

Background

Sean White, proceeding without a lawyer, brought an action under 42 U.S.C. § 1983. He alleged that on June 19, 2024, while he was detained at the Robert N. Davoren Center on Rikers Island, he was exposed to second-hand smoke because correction officers did not enforce smoking restrictions. He alleged nausea, dizziness, mental anguish, a stuffy nose, sore throat, stomach pain, shortness of breath, difficulty breathing, and headaches. He sought damages from RNDC, the New York City Department of Correction, and two unidentified correction officers.

The court reviewed the complaint under the screening requirements for cases filed without prepaying filing fees. Those requirements call for dismissal of claims that are frivolous, malicious, fail to state a legally sufficient claim, or seek money from an immune defendant. The court also explained that a complaint must provide enough factual detail to make liability plausible, while courts generally read complaints filed without a lawyer liberally.

Claims Against RNDC and the Department of Correction

The court held that RNDC and the Department of Correction cannot be sued as separate entities under New York law. It stated that claims against those entities must instead be asserted against the City of New York. The court further explained that a claim against a municipality under Section 1983 requires facts showing that a municipal policy, custom, or practice caused the alleged constitutional violation; alleging wrongdoing by one municipal employee is not enough by itself.

The court therefore dismissed White’s claims against RNDC and the Department of Correction. It granted him leave to replead those claims, including by naming the City of New York if appropriate and alleging facts about a municipal policy, custom, or practice.

Claims Against the John Doe Officers

The court dismissed the claims against John Doe #1 and John Doe #2 for failure to state a claim. Although White named the officers in the caption, he did not mention them in the body of the complaint or allege facts showing their personal involvement.

The court understood White to be attempting to assert a Fourteenth Amendment claim for deliberate indifference to a serious risk of harm from second-hand smoke. That claim requires facts showing both that the conditions posed an objectively serious risk to health or safety and that each officer intentionally imposed the condition or recklessly failed to take reasonable steps to reduce a known excessive risk. The court noted that negligence alone does not establish a Fourteenth Amendment claim.

Leave to Amend and Other Directions

The court granted White 60 days from the date of the order to file an amended complaint. The amended complaint must replace, rather than supplement, the original complaint. It must identify the people allegedly involved, describe what each person did or failed to do, provide relevant dates and locations, describe the injuries, and state the relief sought. White may continue to use “John Doe” or “Jane Doe” if he does not yet know a defendant’s name, but the court stated that using a Doe name does not pause the three-year limitations period for a Section 1983 claim in New York.

The court directed White to notify it of his current mailing address within 30 days. If he does not file an amended complaint within the allowed time, the federal claims will be dismissed for failure to state a claim, and the court will decline supplemental jurisdiction over any state-law claims. The court also denied permission to appeal without prepaying fees and directed the Clerk of Court to mail the order to White at Lakeview Correctional Facility and at his address of record.