Lurch, Jr. v. NYCHHC

Background

Robert Derek Lurch Jr., who was incarcerated in Atlantic County Jail when the order was issued, brought this action without a lawyer under 42 U.S.C. § 1983. He alleges that, while he was detained at the Vernon C. Bain Center on Rikers Island, the defendants violated his rights. The defendants named in the caption were NYCHHC and doctors who allegedly diagnosed and treated an inmate or detainee with flu or flu-like symptoms but failed to isolate that person afterward.

The court had previously granted Lurch permission to proceed without paying the filing fee upfront. The opinion also explains that an earlier dismissal under the Prison Litigation Reform Act’s three-strikes rule was later vacated after Lurch informed the court that he was not incarcerated when he filed this complaint.

Court’s Actions

The court applied the screening requirements for complaints filed by prisoners seeking relief from governmental entities or their officers and employees. Those requirements allow dismissal of claims that are frivolous, malicious, legally insufficient, seek money from an immune defendant, or fall outside the court’s jurisdiction. The order did not decide the underlying merits of Lurch’s allegations.

City of New York

Because Lurch was proceeding without a lawyer and appeared to intend to assert claims against the City of New York, the court construed the complaint as asserting claims against the City. It directed the Clerk of Court to add the City as a defendant under Federal Rule of Civil Procedure 21. The amendment was stated to be without prejudice to defenses the City might assert.

New York City Health + Hospitals and Service

Because Lurch was permitted to proceed without paying the filing fee upfront, the court directed the Clerk to issue a summons, complete the required service form with New York City Health + Hospitals’ address, and send the necessary documents to the U.S. Marshals Service for service. The court extended the service deadline to 90 days after the summons is issued, rather than 90 days after the complaint was filed. The court requested that the City waive service of summons.

Unnamed Defendants

The court declined, at that time, to seek the identities of the unnamed defendants. It found that Lurch made no allegations against them and did not provide enough information for the defendants to be identified. The court stated that Lurch may seek permission to amend the complaint if he has more specific information and wishes to describe those defendants’ involvement.

Disposition

The Clerk was directed to add the City of New York as a defendant, notify the New York City Department of Corrections and the New York City Law Department, and arrange service on New York City Health + Hospitals through the U.S. Marshals Service. The court also certified that an appeal from the order would not be taken in good faith and denied permission to proceed without paying fees for purposes of an appeal. Judge Andrew L. Carter, Jr. directed that a copy of the order and an information package be mailed to Lurch.