Cabrera v. Brann

Background

Aristides Cabrera, proceeding without a lawyer, brought this action under 42 U.S.C. § 1983, a federal law that allows claims against state or local officials for violating constitutional rights. He alleged that Cynthia Brann, the New York City Department of Correction, and other defendants failed to protect him from contracting COVID-19 while he was in the Department of Correction’s custody. When he filed the complaint, Cabrera was a pretrial detainee at the Vernon C. Bain Center. He sought injunctive relief concerning safety protocols at that facility and money damages.

According to Department of Correction records, Cabrera was released on January 31, 2021. He had not given the court a new address.

Rulings

The court dismissed Cabrera’s claims seeking injunctive relief as moot. A claim is moot when the plaintiff no longer has a legally meaningful interest in the requested relief. Because Cabrera was no longer in Department of Correction custody, the court concluded that he no longer had an interest in safety protocols at the Vernon C. Bain Center. The opinion also states that the court denied his request for injunctive relief as moot.

The court notified Cabrera that he had thirty days from the date of the order to update his address. It stated that if he failed to do so, the action would be dismissed without prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute. This was a warning of a possible future dismissal, not a dismissal of the entire action in the order itself. The opinion did not decide Cabrera’s request for money damages.

Disposition

Judge Jesse M. Furman dismissed the claims seeking injunctive relief as moot and ordered Cabrera to update his address within thirty days. The order stated that failing to update the address would result in dismissal of the action without prejudice for failure to prosecute. The Clerk of Court was directed to mail the order to Cabrera’s last known address.