Foster v. DOC NYC

Background

Samuel B. Foster, Jr., who was incarcerated at West Facility on Rikers Island, filed this lawsuit without a lawyer under 42 U.S.C. § 1983. He alleged that defendants used excessive force against him at the North Infirmary Command in May 2021 and obstructed medical care for the broken nose he suffered from that use of force. The court had allowed him to proceed without paying filing fees up front.

Because Foster was a prisoner seeking relief from governmental entities or employees, the court screened his complaint under the Prison Litigation Reform Act. Screening requires dismissal of claims that are frivolous, malicious, inadequately pleaded, seek money from an immune defendant, or fall outside the court’s subject-matter jurisdiction.

Claims concerning “DOC NYC”

Foster named the New York City Department of Correction as “DOC NYC.” The court held that the Department of Correction lacked the legal capacity to be sued under that agency name. It therefore directed the Clerk of Court to amend the caption to replace “DOC NYC” with the City of New York. The court stated that this amendment was without prejudice to any defenses the City might assert.

Claims concerning “Department NYC Health”

Foster also named “Department NYC Health.” The court understood that name to refer to NYC Health + Hospitals, which provides health services to people detained at Rikers Island.

For a claim under Section 1983 against a municipal entity, a plaintiff must allege facts showing that the entity itself caused the constitutional violation through a policy, custom, or practice. The court understood Foster to allege that his medical care was delayed because the Department of Correction failed to bring him to medical appointments. It found that he had not alleged facts supporting an inference that a policy, custom, or practice of NYC Health + Hospitals caused constitutionally inadequate medical care or another constitutional violation.

The court dismissed Foster’s Section 1983 claims against NYC Health + Hospitals. It also found that Foster had not expressly asserted a state-law claim against that entity and that the alleged facts did not appear to support one. The court therefore dismissed NYC Health + Hospitals, sued as “Department NYC Health,” in its entirety without prejudice to Foster’s repleading claims against it in an amended complaint permitted under Federal Rule of Civil Procedure 15.

Service and case administration

The court directed the Clerk to notify the Department of Correction and the New York City Law Department of the order. It requested that the City of New York, Correction Officers Ortiz and Laguerre, and Captain Maxwell waive service of summons.

The court also ruled that Local Civil Rule 33.2 applies. Under that rule, defendants in certain prisoner cases must respond to specified court-ordered discovery requests within 120 days of the order. Finally, the court informed Foster that he could seek limited-scope assistance from the New York Legal Assistance Group’s clinic and directed the Clerk to send him the clinic’s materials. Judge Gregory H. Woods issued the order.