Leggett v. Ontada

Background

Corey Leggett filed the action while representing himself and was previously allowed to proceed without paying filing fees up front. He invoked federal-question and diversity jurisdiction. He alleged that events connected to his incarceration occurred in September 2001, including alleged probing, dehydration before blood work, and attempts to affect his brainwaves. He also stated that he had been admitted to psychiatric institutions, alleged migraine headaches, and requested mental-health and medical records, property, and money damages.

The court understood the complaint as asserting claims under 42 U.S.C. § 1983, a statute that allows a person to seek relief for violations of federal rights by someone acting under state authority. The court said that Leggett did not allege facts showing the personal involvement of Ms. Buchannan, Monica Bell, Deputy Hurley, or Lester M. Wright. It therefore dismissed the claims against those defendants for failure to state a claim.

Reasons for Dismissal

The court held that the Marcy Correctional Facility psychiatric unit was part of the New York State Department of Corrections and Community Supervision, an arm of the state protected by the Eleventh Amendment, and was not a proper “person” to sue under Section 1983 for the monetary relief sought.

The court also dismissed the claims against the Portchester Police Department and Rockland “Cyc Unit” because they were municipal agencies or departments that could not be sued as separate entities under New York law. It likewise dismissed the claims against the Bronx “Cyc Unit” and Kings Borough “Cyc Center” because municipal agencies of New York City generally cannot be sued separately from the city. The court declined to add the City of Portchester, Rockland County, or the City of New York because the complaint did not allege facts showing their involvement in violating Leggett’s rights.

The court further explained that Section 1983 claims in New York generally must be filed within three years after they arise. Because the complaint was filed on May 3, 2023, the court concluded that any claims arising at Sing Sing Correctional Facility after Leggett’s release in December 2019 were time barred. The court found no facts supporting tolling of that deadline but allowed Leggett to include facts about possible tolling in an amended complaint.

Order

The court dismissed all claims against Ms. Buchanan, Monica Ball, Deputy Hurley, Lester M. Wright, the Portchester Police Department, Marcy Corr. Cyc Unit, Rockland Cyc Unit, Bronx Cyc Unit, and Kings Borough Cyc Center. The court granted Leggett 60 days to file an amended complaint identifying the people allegedly involved, describing what each person did or failed to do, stating when and where events occurred, describing his injuries, and specifying the relief sought. The amended complaint must replace the original complaint rather than supplement it. No summons would issue at that time. The court stated that failure to amend within the allowed period, absent good cause, would result in dismissal for failure to state a claim. Judge Laura Taylor Swain also certified that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal.