Foster v. City of New York

Background

Samuel B. Foster, Jr., a pretrial detainee confined at the West Facility on Rikers Island, filed a complaint without a lawyer under 42 U.S.C. § 1983. He alleged unconstitutional conditions of confinement, including inadequate medical care while he was confined at the George R. Vierno Center. The court had already granted permission for him to proceed without paying the filing fee upfront.

Screening and Party Changes

Because Foster was proceeding without paying the fee upfront, the court screened the complaint under the federal statute governing such cases. The court explained that it must dismiss claims that are frivolous, malicious, fail to state a legally sufficient claim, seek money from an immune defendant, or fall outside the court’s jurisdiction. It also stated that it must read a self-represented litigant’s pleading liberally and interpret it to raise the strongest claims suggested by the allegations.

The court dismissed all claims against the New York City Department of Correction because the agency is not an entity that can be sued under the New York City Charter. The court understood Foster’s reference to “N.Y.C. Health” as referring to NYC Health + Hospitals, which provides health services to people detained at Rikers Island. Based on Foster’s apparent intent to sue the City of New York and NYC Health + Hospitals, the court directed the clerk to amend the case caption by adding the City and replacing “N.Y.C. Health” with NYC Health + Hospitals. The amendment was stated to be without prejudice to defenses that the City or NYC Health + Hospitals might later assert.

Service and Identification of Defendants

The court requested that the City of New York waive service of the summons. Because Foster was allowed to proceed without paying the filing fee upfront, the court directed the clerk to issue a summons for NYC Health + Hospitals, prepare the required U.S. Marshals Service form, and provide the necessary papers to the Marshals Service for service. If NYC Health + Hospitals was not served within 90 days after the summons was issued, the court stated that Foster should request more time.

Foster also named three unidentified defendants, including a correction officer who allegedly denied him assistance on January 11, 2023, and medical staff members who allegedly provided inadequate medical care. He also identified Dr. Blackmore as possibly involved. Under the rule allowing a self-represented litigant court assistance in identifying an unknown defendant, the court ordered the New York City Law Department to identify the relevant correction officer or officers, including badge numbers and service addresses. It ordered NYC Health + Hospitals to identify Dr. Blackmore and the unidentified medical staff members, along with addresses where they could be served. The required information was due to Foster and the court within 60 days of the order.

Within 30 days after receiving that information, Foster must file an amended complaint naming the unidentified defendants. The amended complaint will replace, rather than supplement, the original complaint. The court stated that it will screen the amended complaint and, if necessary, issue further service instructions.

Disposition

The court dismissed Foster’s claims against the New York City Department of Correction, added the City of New York as a defendant, and replaced “N.Y.C. Health” with NYC Health + Hospitals. It ordered the service and defendant-identification steps described above. The court certified that an appeal from the order would not be taken in good faith and denied permission to proceed without paying fees for purposes of an appeal. This order did not decide whether Foster ultimately proved his constitutional claims.