White v. Ezekwe

Background

Frank W. White, Jr., who was incarcerated at Upstate Correctional Facility, filed this pro se action under 42 U.S.C. § 1983, a federal law allowing claims against state actors for constitutional violations. He alleged that his constitutional rights were violated while he was incarcerated at Sing Sing Correctional Facility. The court had previously granted him permission to proceed without prepaying filing fees.

Screening and service

Because White was proceeding without prepaying filing fees, the court reviewed the complaint under the prisoner-screening statutes. The court explained that a § 1983 claim requires facts showing each defendant’s direct and personal involvement in the alleged constitutional violation. A person cannot be held liable merely because that person employs or supervises someone who allegedly violated the plaintiff’s rights.

The court found that White did not allege facts showing how Defendant Razia Ferdous was personally involved in the events underlying his claims. It therefore dismissed all claims against Ferdous for failure to state a claim under 28 U.S.C. § 1915(e)(2)(B)(ii).

The court did not dismiss the claims against Defendant Felix Ikeshukwu Ezekwe at this stage. It directed the Clerk of Court to issue a summons, complete the required service forms with Ezekwe’s address, and deliver the necessary documents to the U.S. Marshals Service. If service was not completed within 90 days after the summons was issued, the court stated that White should request an extension of time.

Disposition

Judge Philip M. Halpern ordered service on Ezekwe and dismissed White’s claims against Ferdous for failure to state a claim. The court certified that any appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal.