Rivera v. State of New York

Background

Gamalier Rivera, who is incarcerated at Sing Sing Correctional Facility, filed this action without a lawyer under 42 U.S.C. § 1983, a federal law allowing certain claims that state actors violated federal rights. The defendants are the State of New York; several John Doe corrections officers; a John/Jane Doe nurse administrator; Sergeant Charles Michelle; and the Superintendent of Sing Sing. The court had granted Rivera permission to proceed without prepaying filing fees on May 12, 2025.

Screening and claims against the State

Because Rivera is a prisoner proceeding without prepaying fees and sued governmental defendants, the court screened the complaint under the Prison Litigation Reform Act. That law requires dismissal of claims that are frivolous, malicious, fail to state a legally supportable claim, seek money from an immune defendant, or fall outside the court’s jurisdiction.

The court held that Rivera’s § 1983 claims for damages against the State of New York are barred by the Eleventh Amendment. The court stated that New York had not waived its immunity from suit in federal court and that Congress had not removed that immunity through § 1983. The court therefore dismissed Rivera’s claims against the State of New York under 28 U.S.C. § 1915(e)(2)(B)(iii).

Service on named defendants

The court directed the Clerk to issue summonses and prepare the documents needed for the U.S. Marshals Service to serve the defendants. The order specifically directed those steps for Sergeant Michelle (or Mitchell) and Superintendent Marilyn Kopp. Because Rivera is proceeding without prepaying fees, he may rely on the court and the Marshals Service to carry out service. The court extended the service period to 90 days after summonses are issued. It also stated that Rivera must request an extension if service is not completed within that period and must notify the court in writing if his address changes.

Identifying the Doe defendants

The court found that Rivera appeared to have provided enough information for the New York State Department of Corrections and Community Supervision to identify the Doe sergeant, three Doe corrections officers, and the Doe nurse administrator. The New York State Attorney General’s Office was ordered to provide the identities, badge numbers, and service addresses for those defendants to Rivera and the court within 60 days.

Within 30 days after receiving that information, Rivera must file an amended complaint naming the Doe defendants. The amended complaint will replace, rather than supplement, the original complaint. The court will screen the amended complaint and, if necessary, issue further service instructions.

Discovery and disposition

The court determined that Local Civil Rule 33.2 applies. Under that rule, the defendants must respond to specified prisoner-case interrogatories and document requests within 120 days after service of the complaint, quoting each request verbatim in their responses.

The order dismissed Rivera’s claims against the State of New York but directed service-related steps for other defendants and procedures for identifying the Doe defendants. It therefore disposed of the State’s claims at the screening stage without dismissing the entire action. Judge Cathy Seibel signed the order.