Massey v. Michele

Background

Tyrone Massey, who was detained at the Manhattan Detention Complex, brought this self-represented action under 42 U.S.C. § 1983. He alleged that Correction Officer Michele, the City of New York, and the New York City Department of Corrections were deliberately indifferent to his serious medical needs while he was detained at the George R. Vierno Center on Rikers Island. The court had previously granted Massey permission to proceed without paying the filing fee immediately.

Screening standard

The court explained that it must screen the complaint and dismiss claims that are frivolous, malicious, fail to state a legally valid claim, seek money from an immune defendant, or fall outside the court’s subject-matter jurisdiction. The court also stated that it must read a self-represented plaintiff’s allegations liberally.

Ruling

The court dismissed Massey’s claims against the New York City Department of Corrections because, as an agency of the City of New York, it lacks the capacity to be sued in its own name. The order did not dismiss the claims against the City of New York or Correction Officer Michele. Instead, the court requested that those defendants waive service of the summons and directed the Clerk of Court to notify the Department of Corrections and the New York City Law Department.

Judge Analisa Torres certified that any appeal from the order would not be taken in good faith and denied permission to proceed without paying fees for purposes of an appeal.