Pagan v. DOC OMH Agencies

Background

Jerry Pagan, who was housed at Kirby Psychiatric Center as a pretrial detainee, filed this self-represented action under 42 U.S.C. § 1983, a statute allowing claims for constitutional violations by state actors. Pagan alleged that Sears saw Yacubie Nadir follow him into a bathroom and assault and injure him on January 19, 2022. Pagan also appeared to allege that Nadir later attacked him with a “shank,” that Pagan defended himself with broken glasses, and that complaints to the “Justice Department” did not result in his being moved away from Nadir. Pagan sought money damages and removal from the location of the incident.

Screening standard

Because Pagan was a prisoner proceeding without prepaying filing fees, the court screened the complaint under the Prison Litigation Reform Act. The court had to dismiss claims that were frivolous, malicious, failed to state a legally sufficient claim, sought money from an immune defendant, or fell outside the court’s jurisdiction. The court also applied the rule requiring a complaint to provide enough factual detail to make a claim plausible.

Failure-to-protect claim

The court understood Pagan to be claiming that defendants failed to protect him from Nadir. For a pretrial detainee to state this type of constitutional claim, the complaint must allege both a serious and unreasonable risk to safety and that the defendant intentionally or recklessly failed to take reasonable steps despite knowing, or having reason to know, about the excessive risk. Mere negligence is not enough.

The court said it did not appear that Sears or another Kirby employee had reason to know of a danger before the first assault. But Pagan’s allegations that he reported the first assault and that no one acted to protect him from further harm arguably stated a failure-to-protect claim. The court therefore gave Pagan an opportunity to provide more facts.

Personal involvement

A § 1983 claim for damages requires facts showing each individual defendant’s direct and personal involvement. A person cannot be held liable merely because that person supervised or employed someone who allegedly violated the plaintiff’s rights. Pagan named Sears, unidentified Kirby staff and officers, and the MHLS Treatment Team, but he did not explain who they were or how each was personally involved. Although he alleged that a Kirby doctor failed to move him after the first assault, the court said it was unclear whether that doctor was one of the named defendants.

Claims against agencies and private individuals

The court dismissed Pagan’s § 1983 claims against the New York State Office of Mental Health because the Eleventh Amendment generally protects states and their state agencies from lawsuits in federal court, and New York had not waived that protection for these claims.

The court explained that the New York City Department of Correction is a city agency that cannot itself be sued. Any claim intended against the Department must instead be brought against New York City. To sue the City under § 1983, Pagan would need to allege that a city policy, custom, or practice caused the constitutional violation.

The court also explained that Nadir, as a private individual, could not be sued under § 1983. The court stated that Pagan might be able to assert a state-law claim against Nadir if an amended complaint stated a federal claim, but it did not rule that such a state-law claim had been asserted or allowed.

Claims against federal actors

The court treated Pagan’s claims against “USA Involved Persons” as possible claims against individual federal actors under a judicially created cause of action commonly called a Bivens claim. The court held that any such claim based on Justice Department employees’ failure to investigate Pagan’s allegations had to be dismissed because Pagan had no enforceable constitutional or statutory right to a particular government investigation.

Leave to amend and disposition

Because Pagan might be able to state a valid claim by adding facts, the court granted him 60 days to file an amended complaint. The amended complaint must identify every defendant in the caption and allegations, describe what each defendant did or failed to do, provide relevant dates and locations, describe injuries, and state the relief sought. It will replace the original complaint rather than supplement it. No summons would issue at that time. If Pagan did not timely amend without showing good cause, the complaint would be dismissed for failure to state a claim. The court also certified that an appeal would not be taken in good faith and denied permission to proceed without prepaying appeal fees.