Jackson v. Department of Corrections
- Vernon Broderick
- 1:20-cv-09420
- U.S. District Court · Southern District of New York
- 2
In Jackson v. Department of Corrections, Judge Broderick ordered a new complaint by May 24 after finding the existing allegations insufficiently specific.
James Jackson and the defendants named in the action: the Department of Corrections, Cynthia Brann, Patsy Yang, and Margaret Egan.
What happened
James Jackson, who was detained at the Vernon C. Bain Center, sued the Department of Corrections, Cynthia Brann, Patsy Yang, and Margaret Egan without a lawyer. He alleged under a federal civil-rights law that the defendants were violating his constitutional rights by failing to protect him from COVID-19. The case began as part of a filing by Jackson and 49 other detainees, whose claims were later separated.
The court had previously told Jackson that his amended complaint did not explain how each defendant specifically violated his constitutional rights. The court gave him 60 days to file a second amended complaint and warned that the case could be dismissed if he did not do so or show a good reason for missing the deadline. Jackson did neither by the April 23 deadline.
Judge Vernon S. Broderick gave Jackson another opportunity and directed him to file a second amended complaint by May 24, 2021. The judge warned that failure to meet that deadline or show good cause would result in dismissal for failure to state a claim. The order did not dismiss the complaint at that time.
The detailed version
- Jackson v. Department of Corrections · No. 1:20-cv-09420
- Vernon Broderick
- Apr. 28, 2021
Background
James Jackson, who was detained at the Vernon C. Bain Center, brought this action without a lawyer under 42 U.S.C. § 1983. That statute allows claims against state actors for violating federal constitutional rights. Jackson alleged that the defendants were violating his constitutional rights by failing to protect him from contracting COVID-19.
Jackson initially filed the action on October 7, 2020, together with 49 other detainees. A magistrate judge later separated the plaintiffs’ claims and directed that each plaintiff’s claims proceed in a separate action. An amended complaint that Jackson signed was then docketed in each of the separate cases.
Earlier order and deadline
On March 22, 2021, the court stated that the amended complaint did not specify how the defendants had individually violated Jackson’s constitutional rights. The court gave Jackson permission to file a second amended complaint within 60 days, by April 23, 2021. It warned that the complaint would be dismissed for failure to state a claim if Jackson did not file the second amended complaint or show good cause for missing the deadline.
Jackson did not file a second amended complaint by April 23, 2021, and did not provide an explanation for missing that deadline.
Ruling
The court directed Jackson to file a second amended complaint by May 24, 2021. The court warned that if he did not meet that deadline and did not show good cause, his complaint would be dismissed for failure to state a claim. The order did not dismiss the complaint at that time.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.