Gomez v. New York City Department Of Corrections

Background

Ramón Gomez filed a pro se action under 42 U.S.C. § 1983, a federal law allowing claims against state or local officials for violations of constitutional rights. He was incarcerated at the North Infirmary Command on Rikers Island. The court had previously granted his request to proceed without paying filing fees upfront.

The order was issued during the required screening of a prisoner’s complaint. Under the screening statutes, the court must dismiss claims that are frivolous, malicious, fail to state a legally sufficient claim, seek money from an immune defendant, or fall outside the court’s subject-matter jurisdiction. The court also explained that it must read a self-represented person’s allegations liberally, but the complaint still must provide enough factual detail to make relief plausible.

Rulings

The court dismissed Gomez’s claims against the New York City Department of Correction because a New York City agency is not an entity that can generally be sued. The court also dismissed his claims against the New York State Division of Parole. It reasoned that the Division is covered by the state’s immunity from federal lawsuits, that New York had not waived that immunity, and that Congress had not removed it through Section 1983.

The order did not dismiss the claims against the City of New York or Warden Kisa Smalls. Instead, the court directed the Clerk to notify the New York City Department of Correction and the New York City Law Department and requested that the City and Smalls waive service of the summons.

Additional disposition

The court certified that an appeal from the order would not be taken in good faith and denied Gomez permission to proceed without prepaying appeal fees. The order dismissed the claims against the Department of Correction and the New York State Division of Parole; it did not state that those dismissals were with or without prejudice.