Coke v. New York State Department of Corrections & Community Supervision…

Background

William James Coke Sr., who was incarcerated at Sing Sing Correctional Facility and proceeding without a lawyer and without prepaying filing fees, alleged that the defendants violated his constitutional rights. The court had previously allowed him to file a second amended complaint, which added Jeff McKoy, Q. Quick, Frederick Parker, and Riza Ferdous as defendants.

Claims Against Parker and Ferdous

The court explained that a claim under 42 U.S.C. § 1983 requires facts showing that each defendant was personally and directly involved in the alleged constitutional violation. Coke did not allege facts showing personal involvement by Parker or Ferdous. The court also noted that Coke’s complaint and a prior letter suggested that he did not intend to seek liability against them. The court therefore dismissed all claims against Parker and Ferdous for failure to state a claim on which relief may be granted, under 28 U.S.C. § 1915(e)(2)(B)(ii).

Service on McKoy and Quick

Because Coke was allowed to proceed without prepaying filing fees, the court directed the Clerk of Court to issue summonses and prepare the required service forms for McKoy and Quick. The U.S. Marshals Service was directed to serve those defendants. The court extended the time for service to 90 days after the summonses are issued. It also stated that Coke must notify the court in writing if his address changes and that the action could be dismissed if he failed to do so.

Disposition

Judge Philip M. Halpern ordered service on Jeff McKoy and Q. Quick and dismissed all claims against Frederick Parker and Riza Ferdous. The opinion does not decide the ultimate merits of Coke’s remaining claims.