Smith v. City of New York
- Katherine Failla
- 1:25-cv-01551
- U.S. District Court · Southern District of New York
- 4
In Smith v. City of New York, Judge Failla dismissed claims against three defendants during screening and requested that the City waive service.
Shantik T. Smith’s claims against Brad Lander, West Facility, and EMTC were dismissed; the order requested service waiver from the City of New York.
What happened
In Shantik T. Smith v. City of New York, Shantik T. Smith, who is incarcerated at the West Facility on Rikers Island, sued under a federal civil-rights law without a lawyer. He alleged that the defendants violated his constitutional rights.
The court dismissed Smith’s claims against West Facility and the Eric M. Taylor Center because those facilities cannot be sued under New York law. It also dismissed the claims against Brad Lander because Smith did not allege facts showing that Lander was personally involved in the alleged violations. The court requested that the City of New York waive service of the lawsuit.
Judge Katherine Polk Failla issued the order. The order directs the Clerk of Court to notify the relevant city agencies and send Smith an information package.
The detailed version
- Smith v. City of New York · No. 1:25-cv-01551
- Katherine Failla
- May 22, 2025
Background
Shantik T. Smith, who is incarcerated at the West Facility on Rikers Island, brought this action without a lawyer under 42 U.S.C. § 1983. He alleged that the defendants violated his constitutional rights. The court had previously allowed him to proceed without prepaying filing fees.
Screening standard
Because Smith is incarcerated and sought relief against governmental defendants, the court screened his complaint under the Prison Litigation Reform Act. The court was required to dismiss any part of the complaint that was frivolous, malicious, failed to state a legally sufficient claim, sought money from an immune defendant, or fell outside the court’s subject-matter jurisdiction.
West Facility and EMTC
The court dismissed Smith’s Section 1983 claims against the West Facility and the Eric M. Taylor Center, referred to in the caption as E.M.T.C. The court explained that these are facilities operated by the New York City Department of Correction and that, under New York law, neither the Department of Correction nor its facilities can be sued in their own names. The court stated that claims involving those entities must instead be brought against the City of New York.
Brad Lander
The court also dismissed Smith’s claims against Brad Lander. A Section 1983 claim requires facts showing that each defendant was personally involved in the alleged constitutional violation. The court found that Smith did not allege facts showing how Lander was personally involved in the alleged violations during Smith’s detention on Rikers Island.
Service and disposition
The court dismissed Smith’s claims against Brad Lander, West Facility, and EMTC under 28 U.S.C. § 1915(e)(2)(B)(ii). It directed the Clerk of Court to notify the New York City Department of Correction and the New York City Law Department, requested that the City of New York waive service of summons, and directed the Clerk to mail Smith an information package. The order does not state whether the City accepted or will accept the requested waiver.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.