Frederick v. Schiff

Background

Kristopher Frederick, who the opinion says was incarcerated at Greene Correctional Facility, filed a civil-rights action under 42 U.S.C. § 1983 based on conditions during his incarceration at Sullivan County Jail. He sued Sheriff M. Schiff and 20 other jail staff members, including supervisory officials, deputies, emergency-response staff, and a nurse. He sought money damages. The court had previously allowed him to proceed without prepaying the filing fee.

Frederick alleged that on January 27, 2021, jail staff took him to outdoor recreation several hours after a severe ice storm even though he lacked weather-appropriate footwear. He said the recreation area contained a large pile of ice and snow and lacked carpets, runners, or warning signs. He alleged that he slipped while returning inside and suffered a severe back sprain. He further alleged that staff pulled him from the floor and forced him to sit on a stool despite his complaints of pain, that staff failed to give him prescribed pain medication the next morning, and that later requests to see medical staff were ignored.

Court’s analysis

The court explained that a claim under § 1983 requires facts showing both a violation of a federal right and action by a person acting under state law. It also explained that each defendant must have been directly and personally involved in the alleged violation. A defendant cannot be held liable merely because that person employed or supervised someone who allegedly violated the plaintiff’s rights.

The court concluded that Frederick had not alleged facts showing how each of the 21 defendants was personally involved. The court specifically required him to explain each defendant’s involvement in the alleged failure to provide safety measures, the response to his injury and transportation to the hospital, and the alleged denial of adequate medical care after his return.

Disposition

The court granted Frederick leave to file an amended complaint within 60 days of the May 26, 2021 order. The amended complaint must replace, rather than supplement, the original complaint and must identify the relevant people, describe what each defendant did or failed to do, provide approximate dates and locations, describe the injuries, and state the requested relief. The court said that if Frederick failed to comply within the allowed time and could not show good cause, the complaint would be dismissed for failure to state a claim. No summons would issue at that time.

The court also certified that an appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal.