Nieves v. The New York State Office of Mental Health
- Gregory Woods
- 1:20-cv-09502
- U.S. District Court · Southern District of New York
- 6
In Nieves v. The New York State Office of Mental Health, Judge Woods dismissed claims against the agency, denied counsel, and ordered service on remaining defendants.
Michael Nieves’s claims against the New York State Office of Mental Health were dismissed on immunity grounds. His claims against the New York City Health and Hospitals Corporation and the six named doctors remained subject to service. His request for pro bono counsel was denied without prejudice to renewal.
What happened
In Nieves v. The New York State Office of Mental Health, Michael Nieves, who was detained at Bellevue Hospital Prison Ward, brought a self-represented civil-rights case under a federal law known as Section 1983. He named the New York State Office of Mental Health, the New York City Health and Hospitals Corporation, and six Bellevue doctors as defendants.
The court dismissed Nieves’s claims against the New York State Office of Mental Health because the state agency was protected from this type of federal lawsuit. The court allowed the case to proceed for service against the other named defendants, extended the service deadline, and directed the U.S. Marshals Service to serve them.
Judge Gregory H. Woods denied Nieves’s request for a free lawyer, while allowing him to renew that request later. Judge Woods also denied permission to appeal without prepaying fees, finding that an appeal would not be taken in good faith.
The detailed version
- Nieves v. The New York State Office of Mental Health · No. 1:20-cv-09502
- Gregory Woods
- Mar. 16, 2021
Background
Michael Nieves brought a self-represented action under 42 U.S.C. § 1983. The opinion states that he was detained at Bellevue Hospital Prison Ward. After Nieves filed an original complaint and later letters about adding or withdrawing claims and parties, the court directed him to present all intended claims and defendants in one amended complaint.
The court treated the amended complaint together with the allegations in the original complaint as the operative complaint. The named defendants were the New York State Office of Mental Health, the New York City Health and Hospitals Corporation, and six doctors: Leonardo V. Lopez, Catherine Mier, Robert Nadrich, Tarah Scanlon, Swati Shivale, and Ashley L. Valencia. The court had previously granted Nieves permission to proceed without prepaying the filing fees.
Screening of the Claims Against the New York State Office of Mental Health
The court screened the complaint under the Prison Litigation Reform Act, which requires review of prisoner complaints against governmental entities and permits dismissal of claims that are legally defective, frivolous, malicious, seek relief from an immune defendant, or fall outside the court’s jurisdiction.
Nieves sued the New York State Office of Mental Health under Section 1983. The court held that the Eleventh Amendment generally prevents states and state agencies that function as state instrumentalities from being sued in federal court unless immunity has been waived or removed by Congress. The court concluded that New York had not waived this immunity and that Congress had not removed it through Section 1983. The court therefore dismissed Nieves’s claims against the New York State Office of Mental Health. The opinion does not state that the court dismissed the claims with or without prejudice.
Service on the Other Defendants
Because Nieves had permission to proceed without prepaying fees, the court explained that he could rely on the court and the U.S. Marshals Service to serve the summons and complaint. The court extended the service deadline to 90 days after the summons is issued.
The Clerk of Court was directed to prepare the required service forms and provide the Marshals Service with the documents needed to serve the New York City Health and Hospitals Corporation, Leonardo V. Lopez, Catherine Mier, Robert Nadrich, Tarah Scanlon, Swati Shivale, and Ashley L. Valencia. The court also directed Nieves to notify the court in writing if his address changes and stated that the action could be dismissed if he failed to do so.
Request for Counsel
Nieves asked the court to request a volunteer lawyer. The court considered the request too early because it could not yet assess the merits of the case. Judge Gregory H. Woods denied the request for counsel without prejudice to renewal later.
Disposition
The court dismissed Nieves’s claims against the New York State Office of Mental Health, denied his request for pro bono counsel without prejudice to renewal, and ordered the Clerk and the U.S. Marshals Service to proceed with service on the other named defendants. The court also certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees.
Read the full 6-page opinion on CourtListener, the free public archive maintained by the Free Law Project.