Molina v. Department of Corrections

Background

Luis Molina brought this action under 42 U.S.C. § 1983, a federal law that permits claims for violations of constitutional rights by state or local actors. He alleged that the defendants were violating his constitutional rights by failing to protect him from contracting COVID-19. At the time, Molina was detained at the Vernon C. Bain Center. He was proceeding without a lawyer and had been granted permission to proceed without paying filing fees in advance.

Molina originally filed the complaint with 49 other detainees. A magistrate judge severed the matters into separate cases, leaving Molina as the only plaintiff in this action. The opinion addresses Molina’s second amended complaint.

Screening standard

Because Molina was a prisoner proceeding without paying filing fees, the Prison Litigation Reform Act required the court to screen the complaint. The court had to dismiss claims that were frivolous, malicious, failed to state a legally sufficient claim, sought money from an immune defendant, or fell outside the court’s jurisdiction. The court also explained that it must read a self-represented litigant’s allegations liberally, while still requiring enough facts to make a claim plausible under the Federal Rules of Civil Procedure.

Department of Corrections

The court dismissed the “Department of Corrections” from the action for failure to state a claim. The court noted that the second amended complaint did not include the Department of Corrections in its caption, although earlier complaints had done so, making Molina’s intent unclear. Regardless, the court held that an agency of the City of New York is not an entity that can be sued under the New York City Charter and the cited case law.

Service on the individual defendants

Because Molina was proceeding without paying filing fees, the court directed the U.S. Marshals Service to serve defendants Patricia Yang and Margaret Egan. The clerk was instructed to issue summonses, complete the required service forms with their addresses, and provide the Marshals Service with the necessary paperwork.

The court extended the time for service until 90 days after the summonses are issued. It stated that Molina should request an extension if service is not completed within that period. Molina was also required to notify the court in writing of any address change.

For defendant Cynthia Brann, the court directed the clerk to notify the New York City Department of Correction and the New York City Law Department of the order and requested that Commissioner Cynthia Brann waive service of summons.

Disposition

The court dismissed the Department of Corrections from the action for failure to state a claim. It ordered the clerk to issue summonses and arrange Marshals Service for Yang and Egan, and it requested that Brann waive service. The opinion does not state a final ruling on Molina’s underlying allegation that the defendants failed to protect him from COVID-19.