Stevenson v. De Blasio

Background

Eric Stevenson, proceeding without a lawyer, brought the action under 42 U.S.C. § 1983, a federal law that allows claims against people acting under state law for violating constitutional rights. He alleged violations of the First and Fourteenth Amendments. On July 2, 2021, Stevenson amended the complaint to add New York Attorney General Letitia James as a defendant.

The court noted that federal courts generally exercise caution before dismissing a self-represented plaintiff’s complaint before the defendants have been served. It also stated that courts may dismiss claims at that stage when they clearly lack a legal or factual basis, and may deny an opportunity to amend when amendment would be futile.

Ruling

The court held that Stevenson’s claims against Letitia James were barred by the Eleventh Amendment. The court explained that states generally cannot be sued in federal court unless they waive their immunity or Congress removes it. That protection also extends to state agents and state instrumentalities that function as arms of the state. The court found that New York had not waived its immunity and that Congress had not removed it when it enacted § 1983.

The court therefore dismissed Stevenson’s § 1983 claims against Letitia James. The opinion does not state a disposition for the claims against the other defendants.

Order

Judge Analisa Torres directed the Clerk of Court to mail a copy of the order to Stevenson. The order was dated July 20, 2021, in New York, New York.