Azor-El v. New York City Department of Corrections

Background

Jean Azor-El brought this action without a lawyer under 42 U.S.C. § 1983, a federal civil-rights law that allows claims against state or local government actors for constitutional violations. The opinion states that Azor-El was incarcerated at the North Infirmary Command on Rikers Island. The court had previously granted permission to proceed without prepaying filing fees.

Azor-El alleged that, in early March 2020, the North Infirmary Command respiratory therapist confiscated his C-PAP machine and provided no alternative treatment. The complaint named the New York City Department of Correction, Warden Kisa Smalls, the City of New York, and the New York State Division of Parole as defendants.

Screening standard

Because Azor-El was a prisoner proceeding without prepaying fees and sued governmental entities or employees, the court screened the complaint under the Prison Litigation Reform Act. The court explained that it had to dismiss claims that were frivolous or malicious, failed to state a legally sufficient claim, sought money from an immune defendant, or fell outside the court’s subject-matter jurisdiction. The court also explained that it must read filings by people without lawyers generously, while still requiring enough factual detail to make a claim plausible.

Claims against the New York City Department of Correction

The court dismissed the claims against the Department of Correction because, under New York City law, a city agency generally is not an entity that can be sued separately. The order did not state that this dismissal was with or without prejudice.

Claims against the New York State Division of Parole

The court also dismissed the claims against the New York State Division of Parole. It held that the Eleventh Amendment generally protects states and state instrumentalities from suit in federal court unless the state has waived that protection or Congress has removed it. The court concluded that New York had not waived its immunity and that Congress had not removed it through Section 1983. The order did not state that this dismissal was with or without prejudice.

Respiratory therapist and amendment

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

The court also ruled that the complaint gave enough information for the New York City Department of Correction to identify the respiratory therapist. It directed the New York City Law Department to determine that person’s identity and service address and provide the information to Azor-El and the court within 60 days of the order. Within 30 days after receiving the information, Azor-El had to file an amended complaint naming the defendant. The amended complaint would replace, rather than supplement, the original complaint, and the court would screen it after filing.

Other directives and disposition

The court requested that the City of New York and Warden Kisa Smalls waive service of summons. It directed the Clerk to notify the relevant city agencies and mail the order and complaint to the New York City Law Department.

The court certified that any appeal would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal. Overall, the order dismissed the claims against the Department of Correction and the New York State Division of Parole, while allowing the case to continue through identification and amendment concerning the Doe respiratory therapist.