Freddie Black v. Green Haven Correctional Facility and Kevin Elliot
- Clarke
- 7:26-cv-06998
- U.S. District Court · Southern District of New York
- 5
In Freddie Black v. Green Haven, Judge Clarke dismissed claims against Green Haven and ordered service on Kevin Elliot.
Freddie Black’s claims against Green Haven Correctional Facility were dismissed. Kevin Elliot remained a defendant to be served through the U.S. Marshals Service.
What happened
In Freddie Black v. Green Haven Correctional Facility and Kevin Elliot, Freddie Black, who is incarcerated and representing himself, brought constitutional-rights claims under a federal civil-rights law.
The court dismissed Black’s claims against Green Haven because the facility cannot be sued separately and is protected from these claims by constitutional immunity. The court ordered the U.S. Marshals Service to serve Kevin Elliot, R.N., so the case can proceed as to him.
Judge Jessica G. L. Clarke also directed the clerk to issue Elliot’s summons, provide the necessary papers to the Marshals Service, update the case caption, and send Black information about the case.
The detailed version
- Freddie Black v. Green Haven Correctional Facility and Kevin Elliot · No. 7:26-cv-06998
- Clarke
- Aug. 27, 2026
Background
Freddie Black, who is incarcerated at Five Points Correctional Facility, filed the action without a lawyer. He asserted claims under 42 U.S.C. § 1983, a federal law that allows claims against certain state actors for violating constitutional rights. The court had previously allowed Black to proceed without paying the filing fee upfront.
Screening of the Complaint
Because Black is a prisoner proceeding without prepaying the filing fee, the court screened the complaint under federal prisoner-screening laws. Those laws require dismissal of claims that are frivolous, fail to state a legally sufficient claim, seek money from an immune defendant, or fall outside the court’s jurisdiction.
Claims Against Green Haven
The court held that Green Haven Correctional Facility is part of the New York State Department of Corrections and Community Supervision and lacks the legal capacity to be sued as a separate entity. The court also held that Green Haven and the Department are protected by Eleventh Amendment immunity from Black’s claims under Section 1983. The court therefore dismissed Black’s claims against Green Haven Correctional Facility.
The opinion does not state that this dismissal was with or without prejudice.
Service on Kevin Elliot
Because Black was allowed to proceed without prepaying the filing fee, the court directed the clerk and the U.S. Marshals Service to assist with serving Kevin Elliot, R.N. The clerk was instructed to issue a summons, complete the required service form with Elliot’s address, and provide the necessary documents to the Marshals Service.
The court stated that service should occur within 90 days after the summons issues. Black must notify the court in writing of any address change. The court also stated that Black may request more time if service is not completed within that period.
Ruling
Judge Jessica G. L. Clarke dismissed Black’s claims against Green Haven Correctional Facility. The clerk was instructed to update the case caption to reflect that dismissal and to send the case materials to the Marshals Service for service on Kevin Elliot. The order did not dismiss the claims against Elliot.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.