Carter v. New York City Department of Corrections

Background

James Carter, 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 allowing claims for violations of constitutional rights by state or local officials. The defendants were the New York City Department of Correction; Kisa Smalls, identified as the warden of the North Infirmary Command; the City of New York; and the New York State Division of Parole. The court had previously granted Carter permission to proceed without prepaying the filing fee.

Screening standard

Because Carter was incarcerated and sought relief from governmental defendants, the Prison Litigation Reform Act required the court to screen his complaint. The court explained that it had to dismiss the complaint, or any part of it, if it was frivolous, malicious, failed to state a legally sufficient claim, sought money from an immune defendant, or presented a matter over which the court lacked jurisdiction. The court also explained that it had to read a self-represented complaint liberally, but the complaint still needed enough factual detail to make a claim plausible under the federal pleading rules.

Claims against the New York City Department of Correction

The court dismissed Carter’s claims against the New York City Department of Correction. It relied on New York City law and prior decisions holding that a city agency generally is not a separate entity that can be sued. The order cited 28 U.S.C. § 1915(e)(2)(B)(ii) and (iii) as authority for the dismissal.

Claims against the New York State Division of Parole

The court also dismissed Carter’s claims against the New York State Division of Parole. It held that the Eleventh Amendment generally prevents states, state agents, and state instrumentalities from being sued in federal court unless the state has waived that immunity or Congress has removed it. The court stated that New York had not waived its immunity and that Congress had not removed it through § 1983. It therefore concluded that Carter’s § 1983 claims against the State of New York were barred.

City of New York and Warden Kisa Smalls

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

Disposition

Judge Katherine Polk Failla dismissed Carter’s claims against the New York City Department of Correction and the New York State Division of Parole. The court directed the Clerk to mail Carter a copy of the order and an information package. It certified that any appeal would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal.