Richardson v. State of New York

Background

Lawrence Richardson, proceeding without a lawyer, sued under 42 U.S.C. § 1983, a federal law allowing claims against state actors who violate constitutional rights. He alleged that officials at the Vernon C. Bain Center failed to protect him from COVID-19. He said that the dorm’s supervisors did not follow social-distancing procedures, that 44 detainees occupied a 50-bed dorm, that the sleeping and day-room areas lacked windows, that one fan provided the only air circulation, and that the Department of Correction took no specific measures to protect detainees. He also alleged that detainees experienced coughing, sore throats, headaches, dizziness, and COVID-19 symptoms. He sought money damages.

Richardson originally filed the complaint with 41 other detainees. The court separated their claims into separate cases, leaving Richardson as the only plaintiff in this action. The court had also granted him permission to proceed without prepaying the filing fee.

Court’s analysis

The court screened the complaint under the Prison Litigation Reform Act, which requires courts to review prisoner complaints against governmental entities and dismiss claims that are legally insufficient, frivolous, malicious, seek relief from an immune defendant, or fall outside the court’s jurisdiction.

The court dismissed Richardson’s § 1983 claims against the State of New York because New York had not waived its protection from suit in federal court, and Congress had not removed that protection through § 1983. The court also stated that, even without that protection, the complaint would fail against the State because the Vernon C. Bain Center is operated by the New York City Department of Correction rather than being a state facility.

The court dismissed the claims against the Department of Correction because a New York City agency is generally not a separate entity that can be sued. Because Richardson appeared to intend to sue the City of New York, the court directed the clerk to replace the Department of Correction with the City as a defendant. The court stated that this amendment did not prevent the City from asserting defenses.

The court explained that a claim against the City under § 1983 requires facts showing that a city policy, custom, or practice caused the constitutional violation. The complaint also did not name individual defendants or provide enough facts to state a claim against them. The court explained that a conditions-of-confinement claim would require facts showing both a serious risk to health or safety and the required level of deliberate indifference. The required mental state would differ depending on whether Richardson was a pretrial detainee or a convicted prisoner, so the court directed him to identify his status.

Disposition

The court dismissed Richardson’s claims against the State of New York and the Department of Correction. It added the City of New York as a defendant and granted Richardson leave to file an amended complaint within 60 days. The amended complaint had to identify the relevant defendants, describe what each did or failed to do and when and where it occurred, describe his injuries, and state the relief sought. It would replace the original complaint rather than supplement it. The court stated that no summons would issue at that time and warned that failure to amend, absent good cause, would lead to dismissal for failure to state a claim. The court also certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees.