Labossiere v. Downstate Correctional Facility

Background

Wilfred Labossiere, who was incarcerated at Sing Sing Correctional Facility, filed this action without a lawyer under 42 U.S.C. § 1983, a federal law allowing claims against state actors for constitutional violations. He alleged that defendants violated his rights while he was incarcerated at Downstate Correctional Facility. Chief Judge Swain had already granted his request to proceed without prepaying the filing fee, although the opinion explains that prisoners remain responsible for the full filing fee over time.

Because Labossiere was proceeding without a lawyer and without prepaying fees, the court screened the complaint. Screening requires dismissal of claims that are frivolous, malicious, inadequately pleaded, seek money from an immune defendant, or fall outside the court’s jurisdiction. The opinion does not describe the underlying events or identify the specific constitutional violation alleged against the defendants.

Claims Against Downstate

The court dismissed Labossiere’s § 1983 claims against Downstate Correctional Facility. The opinion states that Downstate is operated by the New York State Department of Corrections and Community Supervision and is an arm or instrumentality of New York for immunity purposes. Under the Eleventh Amendment, states and qualifying state entities generally cannot be sued in federal court unless the state waives that protection or Congress removes it. The court concluded that New York had not waived its immunity and that Congress had not removed it through § 1983.

John Doe Officer

The complaint identified an unnamed defendant as the block officer for the relevant block during the 3 p.m. to 11 p.m. shift on July 13, 2019. The court stated that a person proceeding without a lawyer is entitled to the court’s assistance in identifying an unnamed defendant when enough information is provided. But Labossiere did not make any specific allegations against the John Doe officer or mention that officer outside the caption.

The court therefore instructed Labossiere to file an amended complaint within 30 days containing specific allegations about the John Doe officer. It stated that the claims against that officer will be dismissed if Labossiere does not do so. If an amended complaint is filed, the court will issue an order requiring the New York State Attorney General, as DOCCS’s attorney and agent, to identify the officer and provide an address for service.

Service on Officer N. Baxter

Because Labossiere was allowed to proceed without prepaying fees, the court ordered the Clerk of Court to issue a summons and complete the required U.S. Marshals Service forms for Officer N. Baxter. The Marshals Service was directed to serve Baxter. 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 also instructed Labossiere to notify the court in writing of any address change.

Discovery and Appeal-Fee Ruling

The court ruled that Local Civil Rule 33.2 applies. Under that rule, Baxter must respond to the specified prisoner-case interrogatories and document requests within 120 days after service of the complaint, quoting each request verbatim in the responses.

In the conclusion, the court dismissed Labossiere’s claims against Downstate, certified that an appeal would not be taken in good faith, and denied permission to proceed without prepaying fees for purposes of an appeal. The order did not decide whether Labossiere’s alleged constitutional violations occurred.