Alli v. McCarthy

Background

Umar Alli, who is incarcerated at Attica Correctional Facility, filed a self-represented action under 42 U.S.C. §§ 1983, 1985, and 1986. He alleged excessive force, sexual abuse, and inadequate medical care arising from events during his pretrial detention at the Manhattan Detention Complex, a New York City Department of Correction facility. The court had previously granted Alli permission to proceed without prepaying filing fees.

Screening of the Complaint

The Prison Litigation Reform Act requires screening of prisoner complaints seeking relief from governmental entities or their officers or employees. The court must dismiss claims that are frivolous, malicious, fail to state a claim, seek relief from an immune defendant, or fall outside the court’s subject-matter jurisdiction. Although courts interpret self-represented pleadings liberally, the complaint must still provide a short and plain statement showing entitlement to relief.

Correctional Health Services Director

The court dismissed Alli’s claims against Correctional Health Services Director John Doe for failure to state a claim. Under 42 U.S.C. § 1983, a plaintiff must allege the defendant’s direct and personal involvement in the alleged constitutional violation. Alli did not allege facts showing how the director personally participated in the events underlying his claims. A person cannot be held liable under § 1983 solely because that person supervised or employed someone who allegedly violated the plaintiff’s rights.

The court nevertheless concluded that Alli might have intended to sue NYC Health + Hospitals, which provides health services to people detained in Department of Correction facilities. It therefore construed the complaint as asserting claims against NYC Health + Hospitals and directed the Clerk of Court to add that entity as a defendant. The addition was stated to be without prejudice to any defenses NYC Health + Hospitals might later assert.

Service and Identification of Defendants

The court requested that the City of New York, ESU Captain McCarthy, and Deputy Warden of Security Agunya waive service of summons. Because Alli was allowed to proceed without prepaying fees, the court directed the Clerk of Court to issue a summons and prepare the documents needed for the U.S. Marshals Service to serve NYC Health + Hospitals.

The court also directed the New York City Law Department and NYC Health + Hospitals to identify the John Doe correctional officers and doctors described in the complaint and provide service addresses. The unidentified defendants included correctional officers involved in the August 27, 2020 incidents, doctors involved in Alli’s medical care at the Manhattan Detention Complex, Lincoln Hospital, and Bellevue Hospital, and correctional officials responsible for investigating the alleged use of force. The agencies were ordered to provide the information within 60 days. Alli was directed to file an amended complaint naming the defendants within 30 days after receiving the information; the amended complaint would replace, rather than supplement, the original complaint.

Other Directions

The court determined that Local Civil Rule 33.2 applied. That rule requires defendants in certain prisoner cases to answer specified court-ordered interrogatories and document requests within 120 days of the order. The court also referred Alli to the New York Legal Assistance Group Clinic for possible limited-scope assistance.

Disposition

The court dismissed the claims against Correctional Health Services Director John Doe, added NYC Health + Hospitals as a defendant, requested service waivers from the City of New York, Captain McCarthy, and Deputy Warden Agunya, and directed service and defendant-identification procedures. The order did not decide whether Alli’s underlying excessive-force, sexual-abuse, or inadequate-medical-care claims would ultimately succeed. Judge Edgardo Ramos 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.