Calvino v. Bronx Work Staff

Background

Ernest Calvino Jr. brought the action without a lawyer and asked to proceed without paying filing fees. He alleged that staff at the shelter denied him services available to others, mishandled or lied about mail, neglected his security, denied him a hygiene kit, provided poor-quality or “fake” food, failed to clean the bathrooms and dormitories properly, denied bed availability, and lied or laughed at him. He identified the alleged legal bases as discrimination, conspiracy involving court fraud, mail theft, torture, and spying. He requested injunctive relief and monetary damages.

Screening standard

Because Calvino was allowed to proceed without prepaying fees, the court was required to screen his complaint under 28 U.S.C. § 1915(e)(2)(B). The court had to dismiss claims that were frivolous, malicious, failed to state a claim for relief, or sought money from an immune defendant. The court also had to dismiss if it lacked subject-matter jurisdiction. Although courts read complaints filed by people without lawyers generously, such complaints must still provide enough facts to make a claim plausible under Rule 8 of the Federal Rules of Civil Procedure.

Court’s analysis

The court said that, even if it treated Calvino’s allegations as claims under 42 U.S.C. § 1983, they were insufficient. A claim under that statute requires a violation of a constitutional or federal right by someone acting under government authority. Calvino did not allege facts showing that defendants treated him differently from similarly situated people because of race or another protected characteristic. His allegations about food and shelter conditions also did not suggest a constitutional violation.

The court further explained that private organizations and their employees generally are not liable under Section 1983 unless their conduct can be treated as government action. Calvino did not allege facts showing that the organization or its employees acted under the government’s coercive power, jointly participated with the government, or performed a function delegated by the government.

Disposition

The court dismissed the complaint for failure to state a claim under 28 U.S.C. § 1915(e)(2)(B). It granted Calvino 30 days to file an amended complaint. The court instructed that any amended complaint should provide facts supporting his discrimination and conspiracy allegations, including facts showing treatment based on a protected characteristic and facts indicating that defendants could be considered government actors. Chief Judge Colleen McMahon also certified that an appeal would not be taken in good faith and denied permission to appeal without paying fees. The Clerk was directed to terminate the other pending matters.