Wilson v. New York Corrections Department

Background

Ramee D. Wilson, who was detained at the Eric M. Taylor Center on Rikers Island, brought this action without a lawyer under 42 U.S.C. § 1983, a federal law allowing claims against a person who violates constitutional or federal rights while acting under state authority. Wilson alleged that correction officials were deliberately indifferent to his health and safety. He also alleged that he was exposed to COVID-19 and forced to take the COVID-19 vaccine. The court had previously allowed him to proceed without paying the filing fee in advance.

Screening of the Complaint

Because Wilson was detained and was proceeding without paying the filing fee in advance, the court screened his complaint under federal prisoner-screening laws. Those laws require dismissal of claims that are legally insufficient, frivolous, malicious, seek money from an immune defendant, or fall outside the court’s jurisdiction. The court also explained that it would read a self-represented person’s complaint generously, while still requiring enough facts to make a claim plausible.

Defendants and Caption Changes

The court treated Wilson’s reference to the “New York Corrections Department” as an intended claim against the New York City Department of Correction. It held that a New York City agency cannot be sued as a separate entity. The court therefore dismissed Wilson’s claims against the New York Corrections Department and directed the Clerk of Court to replace that defendant with the City of New York. The amendment was stated to be without prejudice to defenses the City may later assert.

The court also dismissed Wilson’s claims against Rikers Island and the New York Corrections Department Medical Staff E.M.T.C. because those entities are not “persons” that can be sued under Section 1983. The court directed the Clerk of Court to add “John Does 1–3” as defendants because Wilson had not identified the individuals allegedly responsible for the claimed violations.

Identifying the John Doe Defendants

The court found that Wilson had provided enough information for the New York City Law Department to identify the correction officials involved. It ordered the Law Department to determine each John Doe’s identity, badge number, and service address and provide that information to Wilson and the court within 60 days of the order. Within 30 days after receiving the information, Wilson must file an amended complaint naming the defendants. The amended complaint will replace, rather than supplement, the original complaint. The court will screen that amended complaint after it is filed.

Request for Counsel and Other Directions

Wilson requested that the court seek pro bono counsel. The court denied that request without prejudice to renewal later because the case was at too early a stage for the court to assess its merits. The court referred Wilson to the New York Legal Assistance Group’s clinic for people representing themselves in civil cases, while explaining that the clinic is not part of the court and does not automatically become counsel of record.

The court directed electronic notice of the order to the New York City Department of Correction and the New York City Law Department, requested that the City waive service of summons, and directed that copies of the order and complaint be mailed to the Law Department. It also certified that an appeal from the order would not be taken in good faith and denied permission to appeal without paying fees.

Disposition

The order dismissed Wilson’s claims against the New York Corrections Department, Rikers Island, and the New York Corrections Department Medical Staff E.M.T.C.; added the City of New York and John Does 1–3 as defendants; denied Wilson’s request for counsel without prejudice to renewal; and directed further steps to identify the unnamed defendants and screen an amended complaint.