FanFan v. M.C.C.

Background

Jimmy FanFan, proceeding without a lawyer, submitted a complaint and a later letter supplement concerning alleged inadequate medical care for a jaw injury. The court construed the complaint and supplement together as the amended complaint. The pleading asserted claims against several federal employees, including Dr. Daniel Kaufman, Robert Beaudouin, Cheryl Ancrum, and Joaquin Y.

The court explained that because FanFan alleged violations of constitutional rights by federal employees, the claims were treated as claims under Bivens, a limited federal damages remedy for certain constitutional violations by federal officials. The court also explained that a claimant must allege facts showing each defendant’s personal involvement in the alleged constitutional violation. For an inadequate-medical-care claim, the pleading also had to allege a sufficiently serious medical need and that the defendant knew, or should have known, that failing to provide treatment posed a substantial risk to the detainee’s health.

Screening ruling

The court found that the amended complaint stated a Bivens claim against Joaquin Y. It alleged that FanFan made numerous complaints to Joaquin Y. about his jaw injury and that, despite FanFan’s requests and pain, Joaquin Y. did not call a doctor.

The court found that the amended complaint did not allege specific facts sufficient to support Bivens claims against Cheryl Ancrum or Robert Beaudouin. It ordered that the claims against Cheryl Ancrum and Robert Beaudouin be dismissed. In the conclusion, the court specified that all claims against those two defendants were dismissed with prejudice.

Service and response deadlines

The court received a letter supplement after an earlier order had directed Dr. Kaufman to answer, move, or otherwise respond to the complaint. Because the supplement became the operative amended complaint, the deadline for responding was adjourned without a new date. The court stated that the deadline would be rescheduled after the United States Marshals Service served the amended complaint on Dr. Kaufman and Joaquin Y.

The court also ordered the United States Attorney’s Office for the Southern District of New York to determine Joaquin Y.’s service address and provide it to FanFan and the court within 60 days. The court would then direct preparation of the paperwork needed for service by the Marshals Service.

Other directives and disposition

The court directed the clerk to mail the order and amended complaint to the Civil Division of the United States Attorney’s Office, update FanFan’s address on the docket, and mail copies to FanFan and Dr. Kaufman. It certified that any appeal from the order would not be taken in good faith and denied permission to proceed without prepaying appeal fees. The opinion did not decide the merits of the claim against Joaquin Y. or state a final disposition of the claim against Dr. Kaufman.