Bright v. Irman Russo, Annucci
- Nelson Roman
- 7:18-cv-11111
- U.S. District Court · Southern District of New York
- 4
In Bright v. Annucci, Judge Davison denied Willie Bright’s motion to file a supplemental complaint based on unrelated later events.
Willie Bright’s request to add later, separate allegations and new defendants to this case was denied; the proposed claims were not decided on their merits.
What happened
In Bright v. Annucci, Willie Bright sought permission to add claims based on events he says occurred in 2020 at Clinton Correctional Facility. His existing claims concerned alleged events in 2015 and 2016 at Green Haven Correctional Facility.
The proposed supplement added new defendants and claims, including alleged mistreatment, retaliation, deprivation of food and water, destruction of property, sexual assault, and deliberate indifference. The court concluded that these allegations involved different officials, a different facility, and events nearly five years later, making them an entirely separate incident from the existing case.
The court denied Bright’s motion to file a supplemental complaint and directed the Clerk to close docket entry 183. The order was issued by Judge Paul E. Davison.
The detailed version
- Bright v. Irman Russo, Annucci · No. 7:18-cv-11111
- Nelson Roman
- Oct. 31, 2022
Background
Willie Bright, proceeding without a lawyer when the order was issued, asked to supplement his amended complaint under Federal Rule of Civil Procedure 15(d). The court had previously allowed him to seek permission to amend or supplement by January 28, 2022, after which Bright filed a document titled “Supplemental Complaint.” Following a hearing, Bright filed a motion for reconsideration stating that he believed the court had not formally ruled on his request.
Bright’s existing amended complaint named numerous defendants and alleged deliberate indifference to medical needs, failure to protect him, retaliation, rape, assault and battery, sexual assault, sex discrimination, excessive force, and hate crimes against non-gender-conforming people. Those allegations concerned events allegedly occurring in 2015 and 2016 while Bright was incarcerated at Green Haven Correctional Facility.
The proposed supplemental complaint named new defendants and alleged events beginning with Bright’s arrival at Clinton Correctional Facility on August 27, 2020. The proposed allegations included pressure to withdraw the case; placement in a very cold room; denial of prison work and food; shutoff of water; destruction of legal work and personal property; a forced COVID-19 vaccination; pressure to perform oral sex; and beating and sexual assault after a suicide attempt. Anthony Annucci was the only common defendant, and he was sued as the statewide Acting Commissioner of the New York State Department of Corrections and Community Supervision.
Court’s Analysis
The court held that the proposed supplemental claims involved new defendants, different correctional officials, a different correctional facility in the Northern District of New York, and events alleged to have occurred nearly five years after the events in the amended complaint. Relying on prior Southern District of New York decisions, the court stated that supplementation must be denied when the proposed claims concern an entirely separate incident involving different correctional officials.
The order therefore addressed whether Bright could add the proposed allegations to this case. It did not decide whether the proposed allegations were true or whether Bright would ultimately prevail on those claims.
Disposition
The court denied Bright’s motion to file a supplemental complaint. It also directed the Clerk to close docket entry 183. The opinion states that Bright could seek review of the order within the period specified after being served with a copy of it.
The provided case metadata identifies Nelson Roman as the judge, but the opinion itself identifies Paul E. Davison, U.S. Magistrate Judge, as the judicial officer who issued and signed the order.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.