Vazquez v. City of New York

Background

Juan M. Vazquez moved for a temporary restraining order and/or preliminary injunction. A temporary restraining order and a preliminary injunction are court orders providing emergency relief, with the latter generally requiring proof of immediate harm and a sufficient likelihood of success or a serious legal question. Vazquez sought three forms of relief: adequate medical treatment at Attica Correctional Facility; documents from Laura Mello, a records access officer for the New York City Department of Correction; and other relief described in a proposed amended and supplemental complaint. Vazquez was representing himself and was allowed to proceed without paying filing fees.

Vazquez also moved for the court’s recusal or disqualification, meaning that the judge would step aside. The opinion states that he had filed additional motions concerning amendment of his complaint and relief from judgment, but the court addressed only the emergency-relief motion and the recusal motion.

Emergency-Relief Ruling

The court found that Vazquez was not entitled to a preliminary injunction on any of his three claims.

First, the court had previously dismissed without prejudice Vazquez’s claims arising from his detention at Attica because venue was not proper in the Southern District of New York. The court therefore said there was no active case in that district concerning medical treatment at Attica and that it was not empowered to order relief there. The earlier order stated that Vazquez could pursue those claims in a new civil action in the United States District Court for the Western District of New York.

Second, regarding Vazquez’s request involving Mello, the court relied on its earlier reasoning and found that Vazquez had not shown immediate, irreparable harm or a likelihood of success on the merits.

Third, the court rejected emergency relief concerning the proposed claims about allegedly unconstitutional conditions at Rikers Island. Vazquez had not shown that he would suffer immediate harm without an injunction. The court also noted that he was no longer held at Rikers Island and had been in the custody of the New York State Department of Corrections and Community Supervision at Attica since January 9, 2020. For claims properly brought in this district about Rikers Island, the court said damages, rather than a preliminary injunction, would be the appropriate relief.

Recusal Ruling

The court declined to grant Vazquez’s recusal or disqualification motion. Under 28 U.S.C. § 455, a judge must step aside when the judge’s impartiality might reasonably be questioned or when the judge has personal bias or prejudice concerning a party. The court concluded that Vazquez’s disagreement with its factual findings and legal conclusions did not demonstrate bias or provide a reasonable basis for questioning the court’s impartiality.

Disposition

The opinion states that the case remained under the supervision of Judge Freeman and asks the clerk to terminate the motion for a temporary restraining order and/or preliminary injunction and the motion for recusal and/or disqualification.