Graves v. Department of Corrections

Background

Gill Graves filed this action without a lawyer under 42 U.S.C. § 1983, a federal law allowing claims against state actors who violate federal rights. He alleged that the defendants were not protecting him from contracting COVID-19 while he was held at the Vernon C. Bain Center. The action began as part of a filing by Graves and 49 other prisoners; the court later separated the plaintiffs’ claims into separate civil actions.

The original allegations described crowded housing conditions, including sleeping areas in which prisoners were allegedly only 3 to 4 inches apart and a housing unit in which 50 prisoners shared toilets, sinks, and showers. The plaintiffs alleged that some detainees contracted or were exposed to COVID-19. They sought improved conditions, monetary damages, and release for detainees meeting certain criteria. The amended complaint provided fewer details and did not explain specifically how the defendants violated the plaintiffs’ constitutional rights.

Rulings

The court dismissed the Department of Corrections from the action for failure to state a claim. It held that an agency of the City of New York is not an entity that can be sued separately. The opinion states that it was unclear whether Graves intended to sue that agency, but the claims against it had to be dismissed in any event.

For claims against the other defendants, the court explained that Graves had to allege a violation of a federal constitutional or statutory right by a person acting under state law. If Graves was a pretrial detainee, the claims would arise under the Fourteenth Amendment; if he was a convicted prisoner, they would arise under the Eighth Amendment. In either situation, he had to allege sufficiently serious conditions and the required form of deliberate indifference. The court found that the amended complaint did not allege enough facts to state a claim.

Leave to Amend

The court granted Graves leave to file a second amended complaint within 60 days. It directed him to identify the individuals involved, describe what each person did or failed to do, provide relevant dates and locations, explain how the conduct violated his rights, describe his injuries, and state the relief he seeks. If he seeks release, he must provide individualized allegations supporting that remedy. The court also explained that unidentified defendants may be called John Doe or Jane Doe, but that using those labels does not stop the applicable three-year limitations period.

The second amended complaint will completely replace, rather than supplement, the original and amended complaints. The court stated that if Graves does not file a compliant complaint within the allowed period and cannot show good cause for the failure, it will dismiss the action for failure to state a claim. No summons was issued at that time.