Lassiter v. NYC Dept. of Corrections Medical Depts.

Background

Carroll Lassiter, a pretrial detainee confined at the Vernon C. Bain Center, filed this action without a lawyer under 42 U.S.C. § 1983. He alleged that medical staff at the Vernon C. Bain Center and the Eric M. Taylor Center on Rikers Island provided inadequate medical care for his hernia. The court had previously allowed him to proceed without prepaying filing fees.

Screening and Defendants

Because Lassiter was proceeding without prepaying fees, the court screened the complaint under 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b). The court dismissed claims against the New York City Department of Correction, sued as “NYC Dept of Corrections Medical Depts (C-76), (V.C.B.C.),” because the court determined that a New York City agency cannot be sued as a separate entity.

Considering Lassiter’s claims about medical care and his status as a self-represented litigant, the court construed the complaint as asserting claims against the City of New York and NYC Health + Hospitals, which the opinion identifies as the medical-care provider for Department of Correction facilities. The court directed the Clerk of Court to add both entities as defendants. The opinion states that this amendment is without prejudice to defenses the City and NYC Health + Hospitals may later assert.

The court also directed the Clerk to replace Defendant Dr. Kenny with Dr. Okvunduh Okene, whom the court identified as the medical provider Lassiter intended to sue.

Service and Identification of Defendants

The court requested that the City of New York waive service of the summons. Because Lassiter was allowed to proceed without prepaying fees, the court directed the Clerk to issue summonses and prepare service paperwork for NYC Health + Hospitals and Dr. Okvunduh Okene, then deliver the necessary documents to the U.S. Marshals Service for service. The court extended the service period to 90 days after the summonses are issued. It stated that Lassiter should request an extension if service is not completed within that period.

The opinion states that Lassiter identified two nurses only as Ms. Parker and Ms. Angalo and provided enough information for NYC Health + Hospitals to identify them. Under the court’s identification order, NYC Health + Hospitals must provide their identities and service addresses to Lassiter and the court within 60 days. Lassiter must then file an amended complaint naming them within 30 days after receiving that information. The amended complaint will replace, rather than add to, the original complaint, and the court will screen it before directing service if appropriate.

Other Directions and Disposition

The court referred Lassiter to the New York Legal Assistance Group’s clinic for possible limited-scope assistance and directed the Clerk to mail him an information package and an amended civil-rights complaint form.

Judge John P. Cronan’s order dismissed Lassiter’s claims against the New York City Department of Correction; added the City of New York and NYC Health + Hospitals; replaced Dr. Kenny with Dr. Okvunduh Okene; requested that the City waive service; directed service on NYC Health + Hospitals and Dr. Okene; and directed NYC Health + Hospitals to identify Ms. Parker and Ms. Angalo. The order did not decide the merits of Lassiter’s inadequate-medical-care allegations. The court also certified that an appeal would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal.