Tamarez v. Hochul

Background

Madelyn Tamarez, a pretrial detainee incarcerated at Bedford Hills Correctional Facility, brought a self-represented action under 42 U.S.C. § 1983. She alleged that her transfer from the Rose M. Singer Center on Rikers Island to Bedford Hills while her criminal proceedings were pending violated her constitutional rights. She sought appointment of counsel, declaratory and injunctive relief, and money damages. The court had previously allowed her to proceed without paying the filing fee upfront.

The complaint named New York State Governor Kathleen Hochul, former New York City Mayor de Blasio, New York City, and more than 25 other individuals, including city and state correction officers and officials.

Screening of the claims

The court screened the complaint under the Prison Litigation Reform Act, which requires courts to review prisoner complaints against governmental entities and officials. The court explained that a claim under Section 1983 requires facts showing each defendant’s direct and personal involvement in the alleged constitutional violation. A person cannot be held liable merely because that person supervised or employed someone who allegedly violated the plaintiff’s rights.

The court ordered service on four defendants: New York City Department of Correction Commissioner Louis Molina, the City of New York, Governor Kathleen Hochul, and the New York State Department of Corrections and Community Supervision. It dismissed Tamarez’s claims against the other named defendants for failure to state a claim. The court granted her leave to file an amended complaint and instructed that any amended claims must include facts showing each defendant’s personal involvement. The court also noted that some defendants were not proper Section 1983 defendants because the complaint did not allege that they were state actors, and that Bedford Hills and Rikers Island were not proper defendants.

Motions

Tamarez requested a preliminary injunction. The court denied that request without prejudice because the complaint did not show either a likelihood that she would succeed on the merits or sufficiently serious questions about the merits combined with a decisive balance of hardships in her favor.

Tamarez also requested appointment of pro bono counsel. The court denied that request without prejudice because the case was at an early stage and the court could not yet assess the merits adequately.

Service and caption changes

The court directed the Clerk of Court to replace former Department of Correction Commissioner Vincent Schiraldi with current Commissioner Louis Molina under Federal Rule of Civil Procedure 25(d). The court also directed the Clerk to add the New York State Department of Corrections and Community Supervision to the caption under Rule 21, without prejudice to that defendant’s defenses.

The court requested that Commissioner Molina and New York City waive service. Because Tamarez was allowed to proceed without paying the filing fee upfront, the court directed the Clerk and the United States Marshals Service to handle service on Governor Hochul and the state corrections department. The service deadline was extended to 90 days after summonses were issued.

Disposition

Judge Gregory H. Woods directed the caption changes and service procedures, dismissed Tamarez’s claims against the other defendants for failure to state a claim, and allowed her to replead. The court denied her requests for injunctive relief and pro bono counsel without prejudice. It also certified that any appeal would not be taken in good faith and denied permission to proceed without paying fees for purposes of an appeal.