Credle v. The State of New York

Background

Jamarr Credle filed this case without a lawyer under 42 U.S.C. § 1983, a federal law that permits claims for violations of constitutional rights by state actors. He alleged that, while housed in Dorm 1BB at the Vernon C. Bain Center, the New York City Department of Correction did not maintain proper social distancing or take specific measures to protect detainees from COVID-19. He alleged that the dorm held 44 detainees in a space with a maximum capacity of 50 beds, that social distancing was impossible, that ventilation was inadequate, and that detainees experienced symptoms including coughing, sore throat, headaches, dizziness, and COVID-19 symptoms. He sought money damages.

Court’s analysis

The court screened the complaint under statutes requiring review of prisoner lawsuits against government entities. It concluded that the claims against the State of New York were barred by the Eleventh Amendment, which generally prevents states from being sued in federal court unless an exception applies. The court stated that New York had not waived that protection and that Congress had not removed it for claims under § 1983.

The court also concluded that the Department of Correction, as a New York City agency, was not an entity that could be sued. Because Credle 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 explained that a municipality is not liable under § 1983 merely because one of its employees allegedly acted improperly. Credle’s amended complaint would need to allege a municipal policy, custom, or practice that caused the claimed constitutional violation.

The court further explained the requirements for claims against individual correction officials. Credle would need to allege that the conditions posed an unreasonable risk of serious harm and that each official acted with the required level of deliberate indifference. The required mental-state showing would differ depending on whether Credle was a pretrial detainee or a convicted prisoner. The original complaint did not identify individual defendants or include enough facts to state such a claim.

Disposition

The court dismissed Credle’s claims against the State of New York and the Department of Correction. It directed the Clerk to add the City of New York as a defendant and granted Credle leave to file an amended complaint within 60 days. The amended complaint had to identify relevant defendants, describe what each defendant did or failed to do, provide facts about the alleged violations and injuries, and state the requested relief. No summons would issue at that time. The order stated that failure to amend within the allowed period, absent good cause, would result in dismissal for failure to state a claim. Judge Laura Taylor Swain also denied permission to proceed without prepaying fees for an appeal, certifying that an appeal would not be taken in good faith.