Sterling v. Human Resources Administration

Background

Rose Sterling, proceeding without a lawyer, sued the New York City Human Resources Administration under 42 U.S.C. § 1983, a law allowing claims for certain violations of federal rights by state or local actors. She alleged that the agency was responsible for the death of her son, Bob V.E. Sterling. She sought payment of his death benefits and other damages.

According to the complaint, Sterling cared for Bob, who had unspecified disabilities and asthma. She alleged that the Administration changed Bob’s Medicaid insurance to an Aetna plan without informing him or her. She said Aetna then denied medications and standard care, including an asthma inhaler. After Sterling and Bob sought help from the Administration, Bob collapsed in a bathtub while showering and died on November 28, 2020. Sterling attributed his death to the denial of medication. She also made allegations concerning the New York City Administration for Children’s Services, Good Shepherd Services, housing, personal information, and an alleged injection, but the opinion describes many of those allegations as unclear or unspecified.

Claims involving Bob’s estate

The court explained that a person representing herself generally cannot represent another person in court. An exception may apply when a person is the administrator and sole beneficiary of an estate with no creditors. Sterling did not allege that she was a lawyer, did not state whether she had been appointed administrator or personal representative of Bob’s estate, and did not identify whether the estate had other beneficiaries or creditors. The court therefore said it appeared that she lacked the legal right to bring claims belonging to Bob’s estate.

Federal due-process claim

The court read the complaint as possibly alleging that changing Bob’s Medicaid benefits without notice or consent deprived him of a property interest without the process required by the Fourteenth Amendment. Medicaid benefits can qualify as protected property, and due process generally requires notice and an opportunity for a hearing before a final loss of such benefits.

The court noted that New York law provides fair hearings and state-court proceedings to challenge public-benefit decisions. Sterling did not allege that she was denied access to those procedures or that they were unavailable. To the contrary, she stated that she had requested a fair hearing concerning the change from Medicaid to Aetna and had filed in federal court because she feared the state proceedings might produce an unfavorable result. The court explained that the possibility of an unfavorable decision does not itself establish a due-process violation when adequate procedures are available.

Leave to amend and disposition

Because Sterling was representing herself and the allegations might be clarified, the court granted her leave to file an amended complaint. The amended complaint must provide facts showing that she has authority to bring claims for Bob’s estate, including whether she was appointed its administrator or personal representative and whether the estate has other beneficiaries or creditors. It must also provide facts showing a viable due-process claim, such as facts showing that state procedures for challenging the alleged termination of Bob’s Medicaid benefits were unavailable or inadequate.

The court directed Sterling to file an amended complaint within 60 days, using the court’s required caption and docket number. The amended complaint will replace the original complaint, so any facts or claims she wants considered must be repeated. The court said that failure to comply, without good cause, would result in dismissal for failure to state a claim. The court also stated that Sterling could assert state-law claims, but indicated it would likely decline to exercise supplemental jurisdiction over them if the federal claims were dismissed. Finally, the court certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees. Judge Laura Taylor Swain signed the order.