Moore v. NYC Health Hospital

Background

Daniel Moore sued the City of New York, NYC Health + Hospital, Captain Ayanna Robertson, and seven other individuals under 42 U.S.C. § 1983, a federal civil-rights law. He represented himself and sought damages. Moore alleged that, during his detention at the Otis Bantum Correctional Facility, staff failed to provide adequate medical assistance for his heart, thyroid, and left-leg problems.

Moore alleged that he had a cane permit, but CO Jones confiscated his cane in August 2017 and it was not returned for six months. He also alleged that he did not promptly receive an orthopedic shoe insert and experienced extreme leg and back pain. Moore further alleged that staff confiscated his medication on October 24, 2017, causing dizziness, lightheadedness, vomiting, and chest pain before the medication was renewed. He also alleged that several defendants threatened or intimidated him when he sought medical care. Moore briefly referred to rights under the Americans with Disabilities Act but did not explain how the facts supported such a claim.

The City, NYC Health + Hospital, and Captain Robertson moved to dismiss the sixth amended complaint under Federal Rule of Civil Procedure 12(b)(6), which allows dismissal when a complaint does not adequately state a legal claim. Moore did not respond, but the court independently reviewed whether the complaint was legally sufficient. The court treated the motion as applying to the other individual defendants as well because the moving defendants stated that their arguments addressed those claims and requested the same relief for those defendants.

Court’s analysis

Leg-related pain. The court held that Moore adequately alleged a sufficiently serious medical problem for purposes of the motion to dismiss. His allegations of extreme pain while walking without a cane and shoe insert, including pain lasting during the six-month period without a cane, were enough at this stage.

The court held that Moore also adequately alleged deliberate indifference by CO Jones. Moore alleged that Jones knew he needed the cane, confiscated it, told him to stop complaining, and called him a “cripple.” The court concluded these allegations plausibly showed that Jones knew about Moore’s leg problems and recklessly failed to prevent the resulting pain.

The court dismissed the leg-related claims against Dr. Roselyn Chevy-Cyrille, Dr. Joseph Janvier, Dr. Aung Oo, Lisa Choleff, Captain Robertson, John Doe #1, and John Doe #2. Although Moore alleged that several of them knew about his pain, he did not adequately allege that they acted with the required deliberate disregard of a serious risk. The court noted that the medical defendants allegedly said a referral for the shoe insert had been submitted and that Moore eventually received a cane and shoe insert. Moore did not allege that Choleff or John Doe #2 knew about his leg pain or need for a cane or shoe insert.

Confiscated medication. The court dismissed Moore’s claims concerning the confiscation and delayed renewal of his medication. Moore did not allege facts showing that John Doe #2 knew, or should have known, that taking the medication created an excessive risk to Moore’s health or safety. As to Dr. Oo, the court held that Moore did not allege that Dr. Oo knew of and inferred a substantial risk from not immediately renewing the medication. The court therefore did not decide whether the medication problem involved a sufficiently serious medical need.

Threatening statements. The court dismissed the claims based on threats and intimidation. It stated that verbal abuse, threats, and intimidation by themselves do not amount to a constitutional violation without resulting injury or damage. Moore did not allege that the threats caused him to stop seeking medical care or caused any actual injury.

Claims against the City and NYC Health + Hospital. The court dismissed the municipal-liability claims. To hold a municipality liable under § 1983 for an employee’s conduct, a plaintiff must plausibly allege an official policy or custom that caused the denial of a constitutional right. Because the court found that CO Jones’s conduct was the only adequately pleaded constitutional violation, and Moore did not allege that it resulted from a formal policy, official course of action, or act by a policymaker, the claims against the City and NYC Health + Hospital could not proceed.

Americans with Disabilities Act claim. The court concluded that Moore failed to state a claim under the Americans with Disabilities Act. He did not allege facts plausibly showing that he was denied a public entity’s benefits or services because of a disability, and his allegations about treatment of his leg pain and medication did not indicate disability-based discrimination.

Disposition

Judge J. Paul Oetken granted in part and denied in part the defendants’ motion to dismiss. The sole surviving claim was Moore’s claim that CO Jones was deliberately indifferent to his leg-related pain. All other claims were dismissed. Because CO Jones had not appeared, the court directed counsel for the City to inform the court within 30 days whether they intended to represent Jones. The clerk was directed to close the motion at Docket Number 54.