Williams v. New York State

Background

Alexander Williams, Jr. filed this action without a lawyer while incarcerated at Eastern Correctional Facility. He asserted claims under 42 U.S.C. §§ 1983, 1985, and 1986, as well as the Americans with Disabilities Act of 1990. The court had granted him permission to proceed in forma pauperis, meaning without paying filing fees in advance.

Williams filed an amended complaint and then a Second Amended Complaint. The Second Amended Complaint added defendants, including the New York State Department of Corrections and Community Supervision (DOCCS), the New York State Office of Mental Health (OMH), Governor Kathy Hochul, National Guardsman Kara, National Guardsman Kabore, Sgt. Lyle Carrington, Daniel F. Martuscello, Ann Marie T. Sullivan, and the New York State Correctional Officers and Police Benevolent Association Inc.

Claims Dismissed

The court dismissed the claims against DOCCS because it is an agency and arm of New York State, making the claims duplicative of the claims against New York State itself. The court dismissed the claims against OMH for the same reason.

The court also dismissed the claims against Governor Kathy Hochul. It explained that a claim for damages under 42 U.S.C. § 1983 requires facts showing the defendant’s personal involvement in the alleged constitutional violation. The Second Amended Complaint did not include facts showing Governor Hochul’s personal involvement.

Claims Allowed to Proceed to Service

The court concluded that Williams had pleaded enough facts to order service on the remaining additional defendants. Those defendants were Kara, Kabore, Carrington, Martuscello, Sullivan, and the New York State Correctional Officers and Police Benevolent Association Inc.

Because Williams was proceeding without prepaying fees, the court directed the Clerk of Court to prepare the required service forms and summonses and deliver the necessary paperwork to the U.S. Marshals Service. The court extended the service period until 90 days after the summons is issued. It stated that Williams should request more time if service is not completed within that period.

Disposition

The court dismissed the claims against DOCCS, OMH, and Governor Hochul. It ordered the Clerk of Court to issue summonses and arrange for Marshals Service on the six remaining defendants. The order did not resolve the merits of Williams’s remaining claims. Judge Cathy Seibel also directed Williams to notify the court in writing if his address changes and warned that the action may be dismissed if he fails to do so.