Labossiere v. Montefiore Hospital

Background

Wilfred Labossiere, who was incarcerated at Sing Sing Correctional Facility when the order was issued, brought a self-represented action under 42 U.S.C. § 1983. He alleged that defendants were deliberately indifferent to his medical needs while he was incarcerated at Downstate Correctional Facility. The court had previously allowed him to proceed without prepaying the filing fee, although the order explained that prisoners remain responsible for paying the full filing fee over time.

The operative pleading was Labossiere’s amended complaint, received on February 11, 2022. The court explained that it must dismiss a prisoner complaint, or part of one, if it is frivolous, malicious, fails to state a claim on which relief can be granted, seeks relief from an immune defendant, or falls outside the court’s subject-matter jurisdiction. The court also stated that it must read self-represented pleadings liberally and interpret them to present the strongest claims they reasonably suggest.

Rulings on the Defendants

The court dismissed Labossiere’s claims against Officer McMann for failure to state a claim on which relief may be granted. The court found that Labossiere alleged no facts showing McMann’s direct and personal involvement in the events underlying the claims. It explained that an official cannot be held liable under § 1983 merely because that official employs or supervises someone who allegedly violated the plaintiff’s rights.

The court ordered the Clerk of Court to issue summonses, complete the required U.S. Marshals Service forms with the addresses for Officers Cook and Coto, and provide the Marshals Service with the documents needed to serve them. Because Labossiere was proceeding without prepaying the filing fee, the court extended the service deadline to 90 days after the summonses were issued. The court stated that Labossiere should request more time if service was not completed within that period.

Identifying Unnamed Defendants

The court found that Labossiere had provided enough information for the New York State Department of Corrections and Community Supervision to identify five unnamed defendants: “Tom,” a nurse working at Downstate Correctional Facility on July 3, 2019; the nurse working the 11 p.m. shift at Downstate on June 29, 2019; the nurse who installed Labossiere’s permanent catheter; the officer who accompanied him to the St. Luke’s Hospital emergency room; and Downstate’s Deputy Superintendent of Security.

The court ordered the New York Attorney General, acting as counsel for and agent of the Department of Corrections and Community Supervision, to determine those defendants’ identities and service addresses and provide that information to Labossiere and the court within 60 days. Labossiere then had 30 days after receiving the information to file a second amended complaint naming those defendants. The court stated that the second amended complaint would replace, rather than add to, the earlier complaints and would be screened after filing.

The court declined at that time to seek the identities of three other groups of unnamed defendants: the Montefiore Hospital post-surgery staff member or members identified as working on June 29, 2019; the Downstate doctor or physician assistant; and the St. Luke’s Hospital defendant or defendants. The court said Labossiere had not alleged facts against those defendants or supplied enough information for them to be identified.

Conclusion and Effect

The order dismissed the claims against Officer McMann, continued the case for service on Officers Cook and Coto, and required assistance in identifying certain unnamed defendants. It also directed Labossiere to notify the court in writing if his address changed and warned that the action could be dismissed if he failed to do so.

Judge Cathy Seibel certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal. The opinion text contains an unclear, partially illegible signature date; the date used in the metadata is the supplied filing date.