Davis v. The Department of Corrections

Background

James Davis, III, who was incarcerated at Clinton Correctional Facility, brought this pro se action under 42 U.S.C. § 1983. He alleged that defendants confiscated a medically issued mattress while he was detained at Westchester County Jail. The court had previously allowed him to proceed without prepaying filing fees and had given him permission to amend claims against medical defendants.

Medical defendants

Davis named Correct Care Solutions, also identified as Wellpath, “The Female Doctor,” “The Nurse Practitioner (Male),” Veronica Tully, and “Staff (I.E.)” in the amended complaint’s caption. But the body of the complaint did not identify facts showing how these defendants violated his rights or how Correct Care Solutions or Wellpath participated in a violation. Because Davis was proceeding without a lawyer and had named these defendants in both complaints, the court granted him leave to file a second amended complaint stating facts supporting any claims against them.

Westchester County

Davis alleged that three unnamed correction officers confiscated his mattress. The court held that he did not allege facts showing that the officers acted under a Westchester County policy, practice, or custom. The court therefore dismissed the claims against Westchester County for failure to state a claim under 28 U.S.C. § 1915(e)(2)(B)(ii).

New York State Department of Corrections

The court held that the Eleventh Amendment generally prevents states and state instrumentalities from being sued in federal court unless an exception applies. It concluded that New York had not waived this protection and that Congress had not removed it through § 1983. The court therefore dismissed Davis’s § 1983 claims against the New York State Department of Corrections under 28 U.S.C. § 1915(e)(2)(B)(iii).

Identifying unnamed defendants and next steps

Under a procedure requiring assistance in identifying unnamed defendants, the court found that Davis had supplied enough information for the Westchester County Department of Correction to identify John Doe #1, Sergeant John Doe #2, and Captain John Doe #4. The court ordered the Westchester County Attorney to provide the defendants’ identities, badge numbers, and service addresses to Davis and the court within 60 days. Davis then had 30 days after receiving that information to file a second amended complaint naming them. The court stated that the second amended complaint would replace, rather than supplement, the existing amended complaint and would be screened before service.

Disposition

The court dismissed Davis’s claims against Westchester County and the New York State Department of Corrections. It granted leave to file a second amended complaint concerning the medical defendants and the identified unnamed correction officers. The court also certified that an appeal would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal. Judge Philip M. Halpern signed the order.