DiDonna v. Smith

Background

Louis Andrew DiDonna, proceeding without a lawyer, filed an amended complaint under 42 U.S.C. § 1983, a federal law that allows claims for violations of constitutional or federal rights by people acting under state authority. He alleged that the defendants provided inadequate medical care while he was detained in Sullivan County Jail. The amended complaint named Sullivan County Jail Warden Harold L. Smith; New York State; Sullivan County; Sullivan County Jail; Corporal Compasso; Deputies Fancher and Lawrence; the “Sullivan County Medical Department”; several jail nurses; PrimeCare Medical Inc.; PrimeCare employees; and several defendants identified only as Kim Doe, Jane Doe, or John Doe.

The court had already allowed DiDonna to proceed without prepaying filing fees. As required when reviewing such a complaint, the court considered whether any claim was frivolous, malicious, failed to state a legally sufficient claim, sought relief from an immune defendant, or fell outside the court’s jurisdiction.

Claims Dismissed

The court dismissed DiDonna’s claims against the State of New York because the state had immunity from the monetary relief he sought, and the court therefore lacked subject-matter jurisdiction over those claims.

The court also dismissed the claims against Sullivan County Jail and the “Sullivan County Medical Department.” It held that those entities were not “persons” who could be sued under § 1983 and that the complaint therefore failed to state a claim against them.

Service and Identifying Unknown Defendants

The court directed the Clerk of Court to issue summonses and prepare documents for service by the U.S. Marshals Service on Harold L. Smith, Sullivan County, PrimeCare, Compasso, Fancher, Lawrence, Starner, Moore, Santini, Elkins, and Bermington. The court extended the service period to 90 days after the summonses are issued. It also stated that DiDonna must notify the court if his address changes.

Because a person representing himself may receive court assistance in identifying an unknown defendant, the court ordered the Sullivan County Attorney or PrimeCare’s attorney to identify PrimeCare Supervisor “Kim Doe,” the PrimeCare nurse who worked at the jail on November 14, 2021, and the John Doe supervisor who worked at the jail during the early morning of August 2, 2021. The responsible attorney must provide the names and service addresses within 60 days. Within 30 days after receiving that information, DiDonna must file a second amended complaint naming those defendants. The second amended complaint will replace, rather than supplement, the earlier complaints.

The court declined to order assistance in identifying the doctor who allegedly worked at the jail on August 16, 2021, because DiDonna had not provided enough identifying information or alleged facts showing that the doctor was personally involved in violating his rights.

Request for Counsel and Disposition

DiDonna asked the court to appoint volunteer counsel. Because the case was at an early stage and the court could not yet assess its merits, the court denied that request without prejudice to renewal later.

Judge Kenneth M. Karas dismissed the claims against the State of New York, Sullivan County Jail, and the “Sullivan County Medical Department”; directed issuance and service of process on the remaining named defendants; ordered assistance in identifying three unknown defendants; and denied the request for appointed counsel without prejudice. The court also certified that an appeal would not be taken in good faith and denied permission to proceed without paying fees for an appeal from this order.