Cox v. Morley

Background

Sampson Cox, proceeding without a lawyer, brought claims under 42 U.S.C. § 1983, a federal law that allows claims for constitutional violations by state actors. He also originally asserted negligence claims concerning medical treatment at Sullivan Correctional Facility. Claims arising from two other correctional facilities had previously been separated and transferred to another federal court, while claims against three unidentified defendants were dismissed. The claims remaining before this court concerned Sullivan and named defendants.

The court had dismissed Cox’s original complaint on June 7, 2022, but gave him permission to amend. Cox filed an amended complaint naming Dr. Mikhail Gusman, Nurse Judith Ann Camara, Nurse Abigail Yerkes, and the Department of Corrections and Community Supervision (DOCCS). The amended complaint asserted § 1983 claims against those defendants and sought declaratory relief and money damages.

Claims Against DOCCS

The court dismissed Cox’s § 1983 claims against DOCCS with prejudice under the Eleventh Amendment. This constitutional doctrine generally protects states and state agencies from being sued in federal court unless the state has waived that protection or Congress has removed it. The court held that DOCCS is a state agency, that Congress had not removed New York’s immunity for § 1983 claims, and that New York had not waived its immunity for this lawsuit.

The court stated that this immunity covered Cox’s requests for money damages, injunctive relief, and retrospective declaratory relief. It therefore dismissed the claims against DOCCS with prejudice and directed the clerk to terminate DOCCS as a defendant.

Preliminary-Injunction Motion

Cox also moved for a preliminary injunction, asking the court to require the defendants to provide him an opportunity for an emergency medical evaluation at an outside hospital. The court denied the motion because it sought relief from employees at Sullivan Correctional Facility, where Cox was no longer detained.

The court explained that a prisoner’s transfer generally makes requests for declaratory or injunctive relief against officials of the former facility moot. Because Cox had been transferred from Sullivan to Attica Correctional Facility, the court concluded that the requested relief was moot and denied the motion for a preliminary injunction.

Disposition

The court dismissed Cox’s claims against DOCCS with prejudice and denied Cox’s motion for a preliminary injunction. It also directed the clerk to terminate the motion and mail Cox a copy of the opinion and order. The text provided does not state a disposition of the claims against Dr. Gusman, Nurse Camara, or Nurse Yerkes.