Murray v. Fox

Background

Daniel Murray, who is incarcerated at Upstate Correctional Facility in Malone, New York, filed this action without a lawyer under 42 U.S.C. § 1983, a federal law that allows claims for violations of federally protected rights by state actors. The court had previously allowed Murray to proceed without paying filing fees in advance, although the opinion notes that prisoners remain responsible for the full filing fee under the applicable statute.

The court previously dismissed claims against Green Haven Correctional Facility and the Office of Special Investigation. Defendants Sergeant Fox and Miller were served. After Murray filed an Amended Complaint, the defendants indicated that they expected to move to dismiss. The court held a conference and set a briefing schedule. Murray then filed a Second Amended Complaint and later a Third Amended Complaint, asking the court to disregard the Second Amended Complaint itself while considering its attachments. The Third Amended Complaint added the Green Haven Correctional Facility Medical Department and Officer Risario.

Green Haven Correctional Facility Medical Department

The court concluded that New York State prison medical departments are treated as arms of the state. The Eleventh Amendment generally protects states and their arms from suits in federal court unless an exception applies. The court stated that New York had not waived this immunity and that Congress had not removed it through § 1983.

Because Murray sought monetary relief from an entity protected by this immunity, the court dismissed his claims against the Green Haven Correctional Facility Medical Department. The court characterized the dismissal as required by the statutory screening rules and because the court lacked subject-matter jurisdiction, meaning authority to hear those claims.

Service on Officer Risario

Because Murray was allowed to proceed without prepaying filing fees, the court ordered the Clerk of Court to complete a U.S. Marshals Service process form, issue a summons, and send the necessary documents to the Marshals Service for service of the Third Amended Complaint on Officer Risario.

The court stated that service should occur within 90 days after the summons is issued. If service is not completed within that period, Murray should request an extension. The court also explained how the existing briefing schedule would operate depending on whether Risario is served and whether Risario seeks dismissal on the same, similar, or different grounds from the existing defendants.

Disposition

The court dismissed Murray’s claims against the Green Haven Correctional Facility Medical Department. It ordered issuance of a summons and service of the Third Amended Complaint on Officer Risario. The order did not resolve the merits of Murray’s claims against Officer Risario.