Kelly v. New York City Department of Corrections

Background

Lance Kelly, who was incarcerated at the North Infirmary Command on Rikers Island, filed this self-represented action under 42 U.S.C. § 1983, a federal law that allows claims for constitutional violations by state or local officials. The court had previously allowed him to proceed without paying the filing fee upfront.

Kelly alleged that, in early March 2020, the North Infirmary Command’s respiratory therapist confiscated his C-PAP machine and provided no alternative treatment. The opinion does not identify the therapist by name.

Screening standard

Because Kelly was a prisoner seeking relief against governmental defendants, the Prison Litigation Reform Act required the court to screen the complaint. The court had to dismiss claims that were frivolous, malicious, failed to state a legally sufficient claim, sought money from an immune defendant, or fell outside the court’s subject-matter jurisdiction. Although courts read self-represented complaints liberally, the complaint still had to provide enough factual detail to make a claim legally plausible.

Claims against the New York City Department of Correction

The court dismissed Kelly’s claims against the New York City Department of Correction. It held that a New York City agency is not an entity that can be sued under the New York City Charter and the cited precedent.

Claims against the New York State Division of Parole

The court also dismissed Kelly’s § 1983 claims against the New York State Division of Parole. The court explained that the Eleventh Amendment generally protects states and state instrumentalities from suits in federal court. It found that New York had not waived that immunity and that Congress had not removed it through § 1983.

Addition and identification of the respiratory therapist

Under Federal Rule of Civil Procedure 21, the court directed the Clerk to add “Jane/John Doe, NIC Respiratory Therapist” as a defendant. The addition was without prejudice to any defenses that defendant might later assert.

The court ordered the New York City Law Department, acting as the attorney and agent for the New York City Department of Correction, to determine the therapist’s identity and service address within 60 days of the order. Within 30 days after receiving that information, Kelly must file an amended complaint naming the therapist. The amended complaint will replace, rather than supplement, the original complaint. The court stated that it will screen the amended complaint after it is filed.

Service and appeal-related ruling

The Clerk was directed to notify the New York City Department of Correction and the New York City Law Department. The court requested that the City of New York and Warden Kisa Smalls waive service of summons.

The court certified that any appeal would not be taken in good faith and denied Kelly permission to proceed without prepaying appeal fees. The opinion does not state a final merits ruling on the allegations concerning the respiratory therapist.