Burroughs v. Westchester Supreme Court

Background

Herman Burroughs filed a handwritten complaint in New York Supreme Court, New York County, on August 9, 2019. The Federal Bureau of Investigation, the United States Postal Service, the President of the United States, and the National Aeronautics and Space Administration removed the action to federal court under 28 U.S.C. § 1442(a)(1). The opinion refers to these entities as the federal defendants.

The complaint lists numerous federal, state, city, and private entities, but does not clearly identify the claims against each defendant. It includes statements concerning alleged sexual assaults, sodomy, a broken ankle and wrist, privacy violations, hearsay, defamation, negligence, and robbery. Burroughs sought $25 million in lost wages. The opinion states that Burroughs was proceeding without a lawyer.

The court noted that the removal notice appeared to have been filed after the 30-day removal period. It did not decide that issue because Burroughs had not challenged the timing of removal, and the court said that such a challenge generally must be made within 30 days after removal.

Reasons for dismissal

Federal defendants. The court held that any claims against the United States Postal Service, the Federal Bureau of Investigation, the President, and NASA were barred by sovereign immunity. Sovereign immunity generally prevents federal courts from hearing damages claims against the federal government unless the government has agreed to be sued. The court therefore dismissed the claims against these defendants under sovereign immunity.

State court defendants. The court held that any claims against the Westchester Supreme Court and New York City Criminal Court were barred by the Eleventh Amendment. That constitutional protection generally prevents states and state instrumentalities from being sued in federal court unless the state has waived its immunity or Congress has removed it. The court also stated that New York had not waived this protection for claims under 42 U.S.C. § 1983, a federal law allowing certain claims against state actors who violate federal rights. The court dismissed the claims against the state court defendants.

City defendants. Burroughs named the New York City Police Department and Bellevue Hospital, which the opinion says is operated by New York City Health + Hospitals. The court explained that the police department generally cannot be sued separately from New York City and that claims against Bellevue would ordinarily be treated as claims against Health + Hospitals. But the court declined to make that construction because the complaint did not attribute any conduct to these defendants. Even treating the claims as claims under Section 1983 against New York City and Health + Hospitals, the court found that Burroughs had not alleged facts supporting a valid claim. It dismissed the claims against the city defendants for failure to state a claim.

Private defendants. The complaint did not state facts showing that the Schwartz Assessment Shelter, Mount Sinai St. Luke’s Hospital, or Chase Bank participated in conduct involving Burroughs, apart from an allegation that possibly concerned a sexual assault at Mount Sinai. The court explained that private parties generally are not liable under Section 1983 because that statute ordinarily applies to government conduct. A private entity’s conduct can sometimes be treated as government conduct, but the court found that Burroughs had not alleged facts meeting that standard. It dismissed any claims against the private defendants for failure to state a claim.

State-law claims and opportunity to amend

Because the court dismissed the federal claims over which it arguably had original jurisdiction, it declined to exercise supplemental jurisdiction—the federal court’s authority to hear related state-law claims—over any state-law claims Burroughs may have intended to assert.

The court granted Burroughs 30 days’ leave to file an amended complaint stating a valid claim against the city and/or private defendants. The opinion does not use a prejudice qualifier for the dismissals. If Burroughs does not file an amended complaint within 30 days of the order, the court will direct the clerk to enter judgment.

Disposition

The court dismissed all claims against the federal defendants under sovereign immunity, dismissed all claims against the state court defendants under the Eleventh Amendment, and dismissed the claims against the city and private defendants for failure to state a claim. The court granted 30 days’ leave to amend as to the city and/or private defendants. It also certified that any appeal would not be taken in good faith and denied permission to appeal without paying filing fees.