Greenland v. United States of America

Background

Ronald C. Greenland, who was incarcerated at Attica Correctional Facility and represented himself, brought claims under the Federal Tort Claims Act (FTCA), a federal law that waives the United States’ immunity from certain tort claims. He also asserted a claim under 42 U.S.C. § 1983 against Westchester Correctional Center.

Greenland alleged that on January 17, 2017, while detained at Westchester Correctional Center, a United States Marshals Service deputy restrained his hands and feet before an attorney meeting. After the meeting, Greenland tried to stand and turn around as directed, but the leg restraints were tangled with the barstool. He fell while still restrained and was later taken to White Plains Hospital, where he received treatment and follow-up referrals.

Greenland alleged that he requested an administrative claim form from the Department of Justice in October 2018 and remained in contact with people there. He did not allege, however, that he completed and filed an administrative claim, received a final written agency decision, or waited six months after filing an administrative claim before bringing this lawsuit.

Westchester Correctional Center

The court dismissed Greenland’s § 1983 claim against Westchester Correctional Center because, under New York law, a county agency or department that is only an administrative arm of the county does not have a separate legal identity and cannot be sued. The court explained that a claim involving the correctional center would instead have to be brought against Westchester County.

The court also stated that a claim against a municipality under § 1983 requires facts showing that a municipal policy, custom, or practice caused the alleged constitutional violation. Greenland alleged only that he was detained at the correctional center when he was injured and did not allege facts showing that a Westchester County policy or practice caused a violation. The court therefore concluded that substituting Westchester County would be futile and dismissed the claim against Westchester Correctional Center without leave to amend.

Federal Tort Claims Act claim

The court explained that the United States is generally immune from suit unless it consents to be sued, and that the FTCA provides only a limited waiver of that immunity. Before filing an FTCA action, a claimant must submit a written administrative claim for a specified amount of damages to the appropriate federal agency and either receive a final written decision or wait six months without a decision.

Because Greenland did not allege that he had filed an administrative claim or received a final written agency decision, and did not allege facts showing that six months had passed after an administrative claim was filed, the court dismissed his FTCA claim against the United States based on sovereign immunity.

Opportunity to amend and disposition

The court stated that amendment appeared futile because the required administrative exhaustion had to occur before the lawsuit was filed. Nevertheless, it held the matter open on the docket for 30 days. Greenland could file an amended complaint during that period if he could allege that, before filing this action, he had either received a final written agency decision or waited six months after the agency received his administrative claim.

The court directed the Clerk not to enter judgment during the 30-day period. If Greenland did not amend within that time, judgment would be entered as described in the order. The court also certified that an appeal would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal.