Vazquez v. City of New York

Background

Juan M. Vazquez, who was representing himself and had been allowed to proceed without paying filing fees, was incarcerated at Attica Correctional Facility and brought claims under 42 U.S.C. § 1983. In May 2021, Judge Paul A. Engelmayer dismissed the original complaint in part and allowed Vazquez to amend certain claims concerning his confinement at Rikers Island. The court did not allow him to revive claims against immune parties, parties against whom he had not alleged viable § 1983 claims, claims concerning pending state criminal charges, claims arising from his detention at Attica, or class claims.

Vazquez filed an amended complaint. The City of New York and Dana Roth moved to dismiss it under Federal Rule of Civil Procedure 12(b). A July 2022 report and recommendation concluded that all but two remaining claims should be dismissed. The court found that Vazquez had adequately pleaded a deliberate-indifference claim against Adjanie Cruz based on alleged inappropriate sexual conduct and a First Amendment retaliation claim against Cruz and an unidentified corrections officer, Usher, concerning the termination of Vazquez’s law-library job assignment. Judge Engelmayer later adopted that recommendation in full.

Motions and ruling

Before Judge Engelmayer adopted the recommendation, Vazquez filed a motion seeking assistance serving process on unserved defendants and identifying the John and Jane Doe defendants. He also sought permission to file a second amended complaint. The court had denied that amendment request without prejudice and struck the proposed complaint while the objections to the report and recommendation remained pending.

After Judge Engelmayer adopted the recommendation, Judge Valerie Figueredo permitted Vazquez to resubmit a motion for leave to file a second amended complaint and a proposed complaint. The proposed pleading was limited to the two remaining claims and was required to explain the defendants’ personal involvement, when and where the alleged violations occurred, additional supporting facts, and why Vazquez was entitled to relief.

The court denied without prejudice, as moot, Vazquez’s Motion for Valentin Request and/or for a Writ of Attachment, pending his submission of the renewed amendment motion and proposed complaint. The clerk was directed to notify the New York City Department of Correction and the New York City Law Department, and the court requested that those offices waive service for Adjanie Cruz and Unknown Usher. The clerk was also directed to terminate the motion.