Coke v. New York State Department of Corrections & Community Supervision…

Background

William James Coke, Sr., who was incarcerated at Sing Sing Correctional Facility and proceeding without a lawyer, brought an action alleging that the defendants violated his constitutional rights. The court had allowed him to proceed without paying the filing fee at the outset, subject to the statutory requirement that prisoners still pay the full filing fee over time.

Screening and dismissal of the department

Under the Prison Litigation Reform Act, the court was required to screen the complaint and dismiss claims that were frivolous, malicious, failed to state a claim, sought money from an immune defendant, or fell outside the court’s subject-matter jurisdiction.

The court held that Coke’s claims under 42 U.S.C. § 1983 against the New York State Department of Corrections & Community Supervision Medical Services Department were barred by the Eleventh Amendment. The court explained that New York had not waived its immunity from suit in federal court and that Congress had not removed that immunity when it enacted § 1983. The court therefore dismissed Coke’s claims against that department.

Service on named defendants

Because Coke was allowed to proceed without prepaying the filing fee, the court permitted him to rely on the U.S. Marshals Service to serve process. The Clerk was directed to issue summonses and prepare the required service forms for Chief Medical Officer and Deputy Commissioner Carl J. Koeningsman, Medical Director Robert Bentivegna, Medical Director Fredrick Bernstein, Primary Care Provider Yelena Korbkova, and Medical Director Debra Geer.

The court extended the service deadline until 90 days after the summonses were issued. It also stated that Coke should request an extension if service was not completed within that period and that he must notify the court in writing if his address changes.

For the defendants identified as Jane/John Doe “MSP,” Medical Secretary Christine “Doe,” and Grievance Program & Director, the court directed the New York State Attorney General to determine their identities and service addresses within 60 days. Coke then had 30 days after receiving that information to file an amended complaint naming them. The court explained that the amended complaint would replace, rather than supplement, the original complaint and would be screened again.

Request for appointed counsel

Coke requested appointment of counsel. The court assumed, for purposes of the request, that his claims had some likelihood of merit. It nevertheless concluded that he had not shown both a reasonably diligent effort to obtain an attorney and sufficient reasons why appointed counsel was needed at that stage. The court found that his allegations concerning inadequate medical treatment were clear enough for him to present, and that the case did not appear sufficiently complex or dependent on outside investigation to require counsel at that time.

Judge Kenneth M. Karas denied the request for appointment of counsel without prejudice to renewal if circumstances materially changed. The Clerk was directed to terminate the pending counsel application.

Disposition

The court dismissed Coke’s claims against the New York State Department of Corrections & Community Supervision Medical Services Department. It ordered the Clerk and U.S. Marshals Service to proceed with service on the five named defendants and directed the Attorney General to identify the three placeholder defendants. The court denied Coke’s request for appointed counsel without prejudice. It also certified that an appeal would not be taken in good faith and denied fee-waiver status for purposes of an appeal.