Houston v. Hochol

Background

Tyrone Houston, also known as Tyrone Black, brought claims under 42 U.S.C. § 1983, the Americans with Disabilities Act, and the Rehabilitation Act. He alleged that defendants violated his rights while he was housed at the Edgecombe Residential Treatment Facility. He sued the defendants in both their official and individual capacities and proceeded without a lawyer after the court allowed him to proceed without prepaying filing fees.

The defendants named in the complaint included Governor Kathy Hochul; former Department of Corrections and Community Supervision Commissioner Anthony J. Annucci; S. Henton; Division of Parole Chairperson Darryl C. Towns; T. Bowers; Superintendent Seiveright Miller; an unnamed deputy superintendent; an unnamed head cook; current Department of Corrections and Community Supervision Commissioner Martuscello III; and “Jane/John #1-5.”

Claims Against Annucci and Martuscello

The court dismissed Houston’s claims against Annucci and Martuscello in both their official and individual capacities. Regarding the official-capacity claims, the court held that the Eleventh Amendment barred claims for damages and retrospective injunctive or declaratory relief against these state officials. The court also rejected any claim for prospective injunctive relief because Houston did not allege facts suggesting that these officials violated his federal constitutional rights.

Regarding the individual-capacity claims under Section 1983, the court explained that a defendant must have been personally involved in the alleged constitutional violation. Houston alleged only that Annucci and Martuscello supervised other defendants. The court therefore dismissed those claims for failure to state a claim. It granted Houston 30 days to file an amended complaint alleging facts showing how Annucci and Martuscello were personally involved.

Service on Remaining Defendants

The court directed the Clerk of Court to issue summonses and prepare service documents for Hochul, Towns, Henton, Bowers, and Miller. The United States Marshals Service will serve those defendants because Houston is proceeding without prepaying fees. The court stated that service must occur within 90 days after the summonses are issued, unless Houston requests an extension.

Identifying Unnamed Defendants

The court directed the New York State Attorney General’s Office to identify the unnamed deputy superintendent of administration and head cook at Edgecombe Residential Treatment Facility. The office must provide their identities and service addresses to Houston and the court within 60 days of the order. Within 30 days after receiving that information, Houston must file an amended complaint naming those defendants. The court declined to order identification of “Jane/John #1-5” because Houston alleged no facts showing that they were involved.

Other Rulings

The court instructed Houston to notify the court if his address changes and stated that the case could be dismissed if he fails to do so. It certified that an appeal would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal.