Toussaint v. Metropolitan Hospital

Background

Fritz Gerald Toussaint filed a complaint against Metropolitan Hospital and Patrolman Rivera, alleging violations of his federal constitutional rights. The court also understood the complaint to assert state-law claims. Toussaint was representing himself and had been granted permission to proceed without prepaying filing fees.

Screening of the Claims Against Metropolitan Hospital

Because Toussaint was proceeding without prepaying fees, the court was required to screen the complaint. Screening requires dismissal of claims that are frivolous, malicious, fail to state a legally sufficient claim, seek money from an immune defendant, or fall outside the court’s subject-matter jurisdiction.

The court held that Metropolitan Hospital is an operating division of NYC Health + Hospitals, not a separate corporate entity that can be sued under the New York State law and New York City Charter provisions cited in the opinion. The court therefore dismissed Toussaint’s claims against Metropolitan Hospital for failure to state a claim under 28 U.S.C. § 1915(e)(2)(B)(ii).

The court construed Toussaint’s claims against Metropolitan Hospital as claims against NYC Health + Hospitals. Because NYC Health + Hospitals is a public benefit corporation that can sue and be sued, the court directed the clerk to amend the case caption to replace Metropolitan Hospital with NYC Health + Hospitals. The court stated that this amendment was without prejudice to any defenses NYC Health + Hospitals might later assert.

Service of Process

Because Toussaint was allowed to proceed without prepaying fees, he could rely on the court and the U.S. Marshals Service to serve the defendants. The court extended the service deadline to 90 days after summonses are issued, rather than 90 days after the complaint was filed. It stated that Toussaint should request an extension if the complaint is not served within that period.

The clerk was directed to complete a U.S. Marshals Service Process Receipt and Return form for NYC Health + Hospitals and Patrolman Rivera, issue summonses, and provide the Marshals Service with the documents needed for service. Toussaint was also required to notify the court in writing if his address changed; the court stated that the action could be dismissed if he failed to do so.

Disposition

Judge Andrew L. Carter, Jr. dismissed Toussaint’s claims against Metropolitan Hospital, directed the clerk to add NYC Health + Hospitals as a defendant, and ordered the issuance of summonses and service materials for NYC Health + Hospitals and Patrolman Rivera. The court certified 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 does not state the ultimate merits of Toussaint’s constitutional or state-law claims against the remaining defendants.