Berg v. The State of New York

Background

Michael Robert Berg filed a self-represented action under 42 U.S.C. § 1983, a federal statute allowing claims against state actors for violations of federal rights. He named New York State, Governor Andrew Cuomo, Secretary of State Rossana Rosado, and Attorney General Letitia James as defendants. The complaint described alleged assaults, harassment, property loss, and other mistreatment at Great Meadow Correctional Facility, Coxsackie Correctional Facility, and Green Haven Correctional Facility. It also raised claims connected to Berg’s Clinton County criminal proceedings.

The complaint was 117 pages long and disorganized. Although it mentioned correctional officers involved in alleged events at Green Haven, it generally did not name those officers as defendants or provide enough specific information about their conduct. Berg also stated that he had not pursued administrative remedies because of threats, pressure, and coercion.

Claims the Court Dismissed

The court dismissed Berg’s claim concerning lost or damaged property. It held that New York provided an adequate remedy through the state courts, so the property deprivation could not support a federal due-process claim.

The court dismissed Berg’s § 1983 claims against New York State because the Eleventh Amendment generally barred such claims in federal court, and the court found that New York had not waived that immunity and Congress had not removed it for § 1983 claims.

The court also dismissed the claims against Cuomo, Rosado, and James. Berg identified them in the caption but did not allege specific facts showing that they were personally involved in the alleged constitutional violations at Green Haven. The court explained that officials cannot be held liable merely because they supervise or hold authority over people who allegedly violated a plaintiff’s rights.

Severance and Transfer

The court concluded that the claims arising at Great Meadow, Coxsackie, and in Clinton County were not sufficiently related to the claims arising at Green Haven. Under the federal rules governing the joining of parties and claims, unrelated claims against different defendants generally must be brought in separate actions.

The court therefore severed the Great Meadow, Coxsackie, and Clinton County claims from the Green Haven claims. It ordered those severed claims transferred under 28 U.S.C. § 1404(a) to the United States District Court for the Northern District of New York because the relevant events occurred in counties within that district. The Green Haven claims remained in the Southern District of New York.

Leave to Amend and Result

Because Berg was proceeding without a lawyer and might be able to state a valid claim by providing additional facts, the court granted him 60 days to file an amended complaint concerning events at Green Haven. The amended complaint had to identify the defendants personally involved, describe what each person did or failed to do, provide approximate dates and locations, describe injuries, and state the relief sought. The amended complaint would replace the original complaint rather than supplement it.

Chief United States District Judge Laura Taylor Swain ordered the Clerk to sever and transfer the claims arising at Great Meadow, Coxsackie, and in Clinton County. She also stated that if Berg did not timely amend and could not show good cause for the failure, the complaint would be dismissed for failure to state a claim. The court further certified that an appeal would not be taken in good faith and denied permission to appeal without paying fees.