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S.D.N.Y.Procedural orderFiled Feb. 24, 2020

Williams v. The City of New York

Judge
Vyskocil
Docket
1:20-cv-00516
Court
U.S. District Court · Southern District of New York
Pages
7
Civil ProcedureSection 1983Pro Se
In one sentence

In Williams v. The City of New York, Judge Vyskocil dismissed claims against Correctional Health Services, added two entities, and ordered service on defendants.

Who this affects

Alexander Williams Jr.; the City of New York; Elyn Rivera; John Hernandez; NYC Health + Hospitals; Physician Affiliate Group of New York, P.C.; Ira Gornish; Teresa Cuadra; Hester Moulton; Bessie Flores-Clemente; Justin Wilson; Laura Hunt; Carolyn Dickie; and Debra Mayers. The order dismissed claims against Correctional Health Services, added NYC Health + Hospitals and Physician Affiliate Group of New York, P.C., ordered service on specified defendants, and deferred service on Mayers.

What happened

In Williams v. The City of New York, Alexander Williams Jr., who is representing himself and was detained at the Manhattan Detention Complex, brought a damages and injunction lawsuit under a federal civil-rights law against the City, correctional officials, medical personnel, and Correctional Health Services.

The court replaced Correctional Health Services with NYC Health + Hospitals and Physician Affiliate Group of New York, P.C., because those entities provide medical care and examinations at the detention complex. The court directed service of the lawsuit on the new entities and several individual defendants, requested that the City and two correctional officials waive service, and deferred service on Debra Mayers because she was on military leave. The court also denied permission to proceed without paying fees for any appeal from this order.

Judge Mary Kay Vyskocil dismissed Williams’s claims against Correctional Health Services, directed the Clerk of Court to add the two replacement entities, and ordered the U.S. Marshals Service to serve the specified defendants. The order did not decide whether Williams’s underlying claims were legally valid.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Williams v. The City of New York · No. 1:20-cv-00516
Judge
Vyskocil
Date
Feb. 24, 2020

Background

Alexander Williams Jr., who was detained at the Manhattan Detention Complex, filed this lawsuit without a lawyer under 42 U.S.C. § 1983, a federal law that permits certain civil-rights claims against state or local actors. He sought money damages and injunctive relief. The defendants named in the complaint were the City of New York; Assistant Deputy Warden Elyn Rivera; Correction Captain John Hernandez; Debra Mayers; Ira Gornish; Teresa Cuadra; Hester Moulton; Bessie Flores-Clemente; Justin Wilson; Laura Hunt; Carolyn Dickie; and “Correctional Health Services.”

The court had previously granted Williams permission to proceed without prepaying filing fees. The court explained that prisoners who receive that permission still must pay the full filing fee over time. It also stated that it must dismiss claims that are frivolous, malicious, fail to state a claim, seek money from an immune defendant, or fall outside the court’s subject-matter jurisdiction. The order did not conduct a merits determination of Williams’s claims.

Rulings

The court requested that the City of New York, Rivera, and Hernandez waive service of the summons. It dismissed Williams’s claims against Correctional Health Services. Because the complaint’s allegations concerned medical care and examinations at the Manhattan Detention Complex, and because the court found that Williams clearly intended to sue the entities providing that care, it construed the complaint as asserting claims against NYC Health + Hospitals and Physician Affiliate Group of New York, P.C., instead. The court directed the Clerk of Court to amend the caption to add those entities; the amendment was without prejudice to any defenses they might assert.

The court ordered the Clerk of Court to issue summonses and prepare service paperwork for NYC Health + Hospitals, Physician Affiliate Group of New York, P.C., Ira Gornish, Teresa Cuadra, Hester Moulton, Bessie Flores-Clemente, Justin Wilson, Laura Hunt, and Carolyn Dickie. Because Williams was proceeding without prepaying fees, the U.S. Marshals Service was to serve those defendants. The time for service was extended to 90 days after the summonses were issued.

The court did not order service on Debra Mayers at that time. The order states that Mayers was an employee of NYC Health + Hospitals who was on military leave, likely active military duty, and might be entitled to a stay under the Servicemembers Civil Relief Act. The court stated that it would revisit the issue later and that the case could proceed without Mayers having been served. Finally, the court certified that an appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal.

Effect of the Order

The case continued against the defendants identified for service, with NYC Health + Hospitals and Physician Affiliate Group of New York, P.C. replacing Correctional Health Services in the caption. This order addressed screening, party identification, service, and appeal-fee status; it did not decide whether Williams would ultimately prevail on his underlying claims.

The authoritative version

Read the full 7-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

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