Labossiere v. Montefiore Hospital

Background

Wilfred Labossiere, who was incarcerated at Sing Sing Correctional Facility, brought this action without a lawyer 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 allowed him to proceed without paying the filing fee in advance, although the opinion noted that prisoners remain responsible for the full filing fee.

The operative complaint was Labossiere’s Second Amended Complaint. The court reviewed it under the prisoner-screening statutes, which require dismissal of claims that are frivolous, malicious, fail to state a legally valid claim, seek money from an immune defendant, or fall outside the court’s subject-matter jurisdiction.

Claims Dismissed for Lack of Personal Involvement

For a claim under § 1983, the plaintiff must allege that each defendant was personally involved in the alleged constitutional violation. A person cannot be held liable merely because that person supervised or employed someone who allegedly violated the plaintiff’s rights.

The court found that Labossiere alleged no wrongdoing by McDonald; the complaint said only that she checked his condition and determined that he needed hospital treatment. The complaint alleged no facts at all about Stewart, Deguzman, Blue, or McMann. As to Burnett and McGuiness, it alleged only that they were supervisors, not that they personally participated in the events. The court therefore dismissed the § 1983 claims against McDonald, Stewart, Deguzman, Blue, McMann, Burnett, and McGuiness for failure to state a claim.

Service on Remaining Defendants

The court allowed the action to proceed for service against Coto, Kenney, Schupak, and Cook. Because Labossiere was proceeding without prepaying fees, the court directed the U.S. Marshals Service to carry out service. The court extended the service deadline to 90 days after summonses were issued and stated that Labossiere should request an extension if service was not completed within that period.

The court ordered the Clerk to prepare service forms, issue summonses for Kenney and Schupak, and provide the necessary documents to the Marshals Service for Coto, Kenney, and Schupak. A summons for Coto had already been issued. Labossiere was also required to notify the court in writing of any address change.

Officer Cook

The New York Attorney General supplied two possible addresses, one for Officer D. Cook and one for Officer A. Cook. The court directed Labossiere to identify which Officer Cook he wished to sue by August 23, 2022.

Montefiore

The court dismissed the claims against Montefiore (Mount Vernon) Post Surgery Staff John/Jane Doe 6/28/19. It found that the complaint did not plausibly allege a constitutional violation by the hospital staff, who were not public employees bound by the Constitution. The court also found that the complaint did not plausibly allege medical malpractice by any individual or deliberate indifference to Labossiere’s medical needs.

Disposition

The court dismissed Labossiere’s claims against all defendants except Kenney, Schupak, Coto, and Cook for failure to state a claim. It directed service-related steps for the remaining defendants and denied permission to proceed without prepaying fees for an appeal, certifying that an appeal would not be taken in good faith.