Karelefsky v. Department of Corrections

Background

Matthew Karelefsky brought the action under 42 U.S.C. § 1983, a federal law that allows claims against state actors for violating constitutional rights. He alleged that officials failed to protect him from contracting COVID-19 because of unsafe detention conditions, including crowded housing and shared bathrooms, sinks, and showers. The opinion states that he was detained at the George R. Vierno Center and was representing himself.

The action originated from a complaint filed by Karelefsky and other detainees. In an earlier related proceeding, the court separated the detainees’ claims into individual cases. Karelefsky’s complaint sought improved conditions, money damages, and release for detainees meeting certain criteria.

Earlier order allowing amendment

In an order dated December 17, 2020, the court concluded that the amended complaint did not contain enough facts to state a constitutional claim. The court explained that Karelefsky needed to identify whether he was a pretrial detainee or a convicted prisoner, describe the housing units and conditions involved, explain how those conditions created a serious risk to his health or safety, and allege facts showing that each individual defendant was personally involved and acted with the required disregard for that risk.

The court dismissed the “Department of Corrections” from the action for failure to state a claim because a New York City agency is not an entity that can be sued. It granted Karelefsky leave to file a second amended complaint addressing the deficiencies. The second amended complaint was required to replace, rather than supplement, the earlier complaint.

December 21, 2021 order

The court stated that it had ordered Karelefsky to file the second amended complaint by August 27, 2021, and later extended the deadline to December 6, 2021. Although Karelefsky said that he had filed the pleading, the docket did not show that filing. The court provided another copy of the amendment order and a complaint form and extended the deadline to February 4, 2022.

The court directed the Clerk’s Office to mail the materials to Karelefsky’s last known address and record service on the docket. It warned that failure to file the second amended complaint could result in dismissal for failure to prosecute. The December 21 order did not decide whether Karelefsky’s constitutional claims were valid.

Disposition

The court extended Karelefsky’s deadline to file a second amended complaint to February 4, 2022. The earlier order dismissed the Department of Corrections from the action and granted leave to amend as to the remaining claims and defendants.