Ward v. Griffin
- Vincent Briccetti
- 7:19-cv-04759
- U.S. District Court · Southern District of New York
- 6
In Ward v. Griffin, Judge Briccetti dismissed claims against N.Y.S.D.O.C.C.S. but ordered service on three individual defendants.
Carlos Ward’s claims against N.Y.S.D.O.C.C.S. were dismissed, while the court arranged service of the action on Thomas Griffin, Albert Acrish, and Frederick N. Bernstein.
What happened
In Ward v. Griffin, Carlos Ward, representing himself, sued under a federal civil-rights law over prison conditions and medical care. He had permission to proceed without paying the filing fee upfront.
The court dismissed Ward’s claims against N.Y.S.D.O.C.C.S., ruling that the agency was protected from this federal lawsuit by constitutional immunity. The court ordered the U.S. Marshals Service to serve Thomas Griffin, Albert Acrish, and Frederick N. Bernstein.
Judge Vincent L. Briccetti also extended the service deadline until 90 days after summonses are issued and denied permission to proceed without fees for any appeal from the order.
The detailed version
- Ward v. Griffin · No. 7:19-cv-04759
- Vincent Briccetti
- Nov. 4, 2019
Background
Carlos Ward, who was incarcerated at Green Haven Correctional Facility and represented himself, brought claims under 42 U.S.C. § 1983 concerning conditions of confinement and inadequate medical care. The court had already granted his request to proceed without prepaying the filing fee. Because Ward was a prisoner proceeding without prepayment, the court screened the complaint under the Prison Litigation Reform Act and related federal statutes.
Claims Against N.Y.S.D.O.C.C.S.
The court dismissed Ward’s claims against N.Y.S.D.O.C.C.S. It held that the Eleventh Amendment generally protects states and state instrumentalities from suits in federal court unless the state has waived that protection or Congress has removed it. The court stated that New York had not waived its protection and that Congress had not removed it when it enacted Section 1983. The court therefore concluded that Ward’s Section 1983 claims against N.Y.S.D.O.C.C.S. were barred and dismissed them under 28 U.S.C. § 1915(e)(2)(B)(iii).
Service on Individual Defendants
The court allowed Ward to rely on the court and the U.S. Marshals Service to serve Thomas Griffin, Assistant Commissioner; Albert Acrish, Nurse Practitioner; and Frederick N. Bernstein, Medical Director. The Clerk of Court was instructed to issue summonses, complete the required service forms with the defendants’ addresses, and provide the necessary documents to the Marshals Service.
Because Ward was proceeding without prepayment of fees, the court extended the service deadline until 90 days after the summonses were issued. The court stated that Ward should request an extension if service was not completed within that period. It also required Ward to notify the court in writing if his address changed.
Disposition
Judge Vincent L. Briccetti ordered the dismissal of Ward’s claims against N.Y.S.D.O.C.C.S. and directed the Clerk to arrange service on Griffin, Acrish, and Bernstein. The court certified that an appeal would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal.
Read the full 6-page opinion on CourtListener, the free public archive maintained by the Free Law Project.