Hibbert v. The State of New York

Background

Conroy Hibbert, Jr., who was incarcerated at Gouverneur Correctional Facility, filed this civil-rights action without a lawyer. He alleged that, while detained at the Otis Bantum Correctional Facility on Rikers Island, officials failed to provide hand sanitizer and other sanitizing products and did not enforce a mask requirement. The court had previously allowed him to proceed without prepaying the filing fee.

Screening standard

Because Hibbert was proceeding without a lawyer and had been allowed to proceed without prepaying the filing fee, the court screened the complaint under federal prisoner-screening statutes. The court explained that it had to dismiss claims that were frivolous, malicious, inadequately pleaded, sought money from an immune defendant, or fell outside the court’s jurisdiction. It also stated that pleadings filed without a lawyer are read liberally but still must provide enough facts to make a claim plausible.

Rulings on named defendants

The court dismissed Hibbert’s claims against the State of New York. It held that the State had not waived its protection from suit in federal court under the Eleventh Amendment, and that Congress had not removed that protection when it enacted 42 U.S.C. § 1983.

The court also dismissed the claims against the New York City Department of Correction because a New York City agency generally cannot be sued as a separate entity. Because the complaint showed an intention to sue the City of New York, the court directed the Clerk to replace the Department of Correction with the City as a defendant. The court stated that this amendment did not prevent the City from asserting defenses.

The court dismissed the claims against Rikers Island O.B.C.C. because it is not a legally suable “person” under § 1983.

John Doe defendants and required amendment

Hibbert had not identified the individual officials who allegedly failed to provide sanitizing products or enforce the mask requirement. The court therefore directed the Clerk to add “John Doe 1–5” as defendants. Under the rule allowing assistance in identifying an unknown defendant, the court ordered the New York City Law Department to determine each Doe defendant’s identity, badge number, and service address within 60 days of the order.

Within 30 days after receiving that information, Hibbert must file an amended complaint naming the Doe defendants. The amended complaint will replace, rather than supplement, the original complaint. The court stated that it would screen the amended complaint and, if necessary, issue a later order concerning service.

Conclusion and classification

The court dismissed Hibbert’s claims against the State of New York, the Department of Correction, and Rikers Island O.B.C.C.; directed that the City of New York be added as a defendant; and directed that John Doe 1–5 be added. It requested that the City waive service and certified that an appeal would not be taken in good faith, so permission to proceed without prepaying fees was denied for an appeal. This was a screening and pleading order, not a decision on whether the alleged conduct violated Hibbert’s rights.