Lewis v. Kremkavich

Background

Regina Lewis filed this action without a lawyer and without paying the filing fee under 42 U.S.C. § 1983, a federal civil-rights statute. She alleged that she was admitted to St. Luke’s Cornwall Hospital for post-traumatic stress disorder, where a doctor forcibly treated her with medications that caused serious side effects. She was later transferred to Rockland Psychiatric Center, where she alleged that she continued to receive psychiatric medications over her objection.

The case was dismissed in 2009. A magistrate judge recommended dismissing the federal claims against Renata Krymkevich and Rockland Psychiatric Center on immunity grounds and because Lewis had not adequately alleged that the defendants acted under state authority, as required for a claim under § 1983. The district court adopted that recommendation, declined to hear the state-law claims, and closed the case. Lewis later sought reconsideration in 2012, but that request was denied, and her appeal was dismissed by the appeals court for failure to proceed.

2020 Motion

On January 6, 2020, Lewis moved for relief under Federal Rule of Civil Procedure 60(b), which allows a court to provide relief from a judgment for specified reasons such as mistake, newly discovered evidence, misconduct, a void judgment, satisfaction of the judgment, or other extraordinary circumstances.

Lewis argued that the court had erred in 2009 by declining to exercise supplemental jurisdiction—the authority to hear related state-law claims along with federal claims—and by concluding that the defendants were immune or were not state actors subject to § 1983 liability.

Court’s Analysis

The court explained that a motion based on mistake, newly discovered evidence, or opposing-party misconduct must be filed within one year after the challenged judgment. Because the dismissal and civil judgment were entered on January 17, 2009, Lewis’s January 2020 motion was untimely under those provisions.

The court further concluded that, even reading Lewis’s filing broadly, she had not alleged facts showing that any of the first five grounds under Rule 60(b) applied. She also did not demonstrate the extraordinary circumstances required for relief under the rule’s catchall provision. The court therefore found no legal or factual basis to question the prior dismissal.

Disposition

Judge Colleen McMahon denied Lewis’s motion for reconsideration. The court terminated any other pending matters, directed the Clerk to mail the order to Lewis, and stated that the case was closed. The court also certified that any appeal would not be taken in good faith and denied fee-free status for purposes of an appeal.