Sankara v. City of New York

Background Ahmadou Sankara, proceeding without a lawyer, brought claims under 42 U.S.C. § 1983 against Deborah Mateo, identified as a medical professional at the Vernon C. Bain Center, and the City of New York. He alleged that the defendants were deliberately indifferent to his medical needs. In an earlier order, the court dismissed the case because Sankara’s allegations against Mateo did not satisfy the required mental-state element of his Fourteenth Amendment claim and because he did not allege that his injuries resulted from a municipal policy, custom, or practice.

Procedural history Sankara filed a first request for reconsideration, which the court denied on February 11, 2019, after finding that he had not shown a basis for relief under Federal Rule of Civil Procedure 60(b). He appealed that order. The Second Circuit dismissed the appeal by summary order on October 11, 2019, stating that the appeal lacked an arguable basis in law or fact. Sankara then filed the second Rule 60(b) request addressed in this opinion.

Ruling Judge Vernon S. Broderick denied Sankara’s second motion for reconsideration. Applying the law-of-the-case doctrine, the court held that it lacked jurisdiction to reconsider an order that had already been reviewed on appeal. The court explained that reconsideration might be available if there were later events or a change in circumstances not previously considered by the appellate court, but Sankara had identified none. The court directed the clerk to terminate the motion at Document 95 and mail a copy of the order to Sankara.