Holmes v. Bentivegna

Background

Marvin Holmes, who was incarcerated at Green Haven Correctional Facility and was proceeding without a lawyer, brought claims under 42 U.S.C. § 1983. He alleged that Dr. Robert Bentivegna, Dr. John Morley, Dr. Silver, a Jane Doe nurse, Jack Johnson, and the New York State Department of Corrections were deliberately indifferent to his serious medical needs. The court had granted Holmes permission to proceed without prepaying filing fees.

Screening and claims against DOCCS

Because Holmes was a prisoner proceeding without prepaying fees, the court screened his complaint under the Prison Litigation Reform Act. The court explained that it must dismiss claims that are frivolous, malicious, inadequately pleaded, seek relief from an immune defendant, or fall outside the court’s jurisdiction.

The court treated the named New York State Department of Corrections as the New York State Department of Corrections and Community Supervision, or DOCCS. It held that the Eleventh Amendment bars Holmes’s § 1983 claims against DOCCS in federal court because New York had not waived its immunity and Congress had not removed that immunity through § 1983. The court therefore dismissed Holmes’s claims against DOCCS based on Eleventh Amendment immunity.

Service on named defendants

The court directed the Clerk of Court to issue summonses for John Morley, Robert Bentivegna, and Lester Silver, complete the required service forms with their addresses, and provide the necessary papers to the U.S. Marshals Service. The court explained that Holmes could rely on the court and the Marshals Service to serve defendants because he had been allowed to proceed without prepaying filing fees.

The court stated that service must occur within 90 days after the summonses are issued. It also stated that Holmes must ask for an extension if service cannot be completed within that period, must notify the court of any address change, and could face dismissal if he fails to keep his address current.

Jane Doe nurse and Jack Johnson

The court ordered the New York State Attorney General to determine the identity of the Jane Doe nurse who allegedly drew Holmes’s blood on October 19, 2019, at Green Haven Correctional Facility, and to provide the address where she could be served. Because Jack Johnson was no longer employed at Green Haven, the court also directed the Attorney General to provide an address where Johnson could be served. The Attorney General was given 60 days to provide this information to Holmes and the court.

Within 30 days after receiving the information, Holmes must file an amended complaint naming the Jane Doe defendant. The court stated that the amended complaint would replace, rather than add to, the original complaint. The court would screen the amended complaint and, if necessary, direct the Clerk to arrange service on the newly identified nurse and Johnson.

Other matters and disposition

The court informed Holmes that he could seek limited assistance from the New York Legal Assistance Group’s clinic for people representing themselves in civil cases. The clinic is not part of the court, and Holmes would remain responsible for filing documents and meeting deadlines.

The court dismissed Holmes’s claims against DOCCS, directed service of the claims involving Morley, Bentivegna, and Silver, and ordered the Attorney General to provide information needed to identify and serve the Jane Doe nurse and Johnson. The court also certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees. Judge Nelson S. Roman signed the order.