Dawson v. City of New York

Background

Loren Dawson brought a claim under 42 U.S.C. § 1983 against the City of New York, the New York City Department of Correction, and unidentified correction officers. He alleged deliberate indifference to his medical needs and a violation of his substantive due process rights.

The complaint alleged that on or about June 5, 2020, while Dawson was in custody at the Otis Bantum Correctional Center at Rikers Island, he developed a swollen gland, ear pain, swelling and itching, a sore throat, and impaired hearing. He reported the symptoms to sick call and received Neomycin, which did not relieve them. According to the complaint, he repeatedly sought medical attention but did not see an ear, nose, and throat specialist at Rikers Island. He saw a neurologist in July 2020, who referred him to an ear, nose, and throat specialist at Bellevue Hospital Center. Dawson saw that specialist on July 28, 2020, about seven weeks after his initial complaint, and received another medication. He alleged that treatment delays caused recurring ear infections, difficulty sleeping, bleeding, pain, swelling, itching, permanent hearing loss, redness, rash, tinnitus, and other injuries.

Reasons for the ruling

The City moved to dismiss under Federal Rule of Civil Procedure 12(b)(6), which allows dismissal when a complaint does not state a legally valid claim. The court explained that a complaint must give each defendant fair notice of the claim and the facts supporting it.

The court held that the complaint failed to identify any correction officer or medical provider by name, description, or other information. It merely referred to an unspecified number of “John Doe” correction officers. The court also could not determine whether any individual defendant had personally participated in the alleged deprivation of Dawson’s constitutional rights. Personal involvement is required for damages under § 1983.

The court separately held that the New York City Department of Correction is a non-suable entity. It therefore dismissed Dawson’s claims against that agency with prejudice, using the court’s stated disposition.

Disposition

The court granted the City’s motion to dismiss for failure to state a claim. It dismissed the claims against the New York City Department of Correction with prejudice. The court granted Dawson leave to replead against the City of New York and individual correction officers by October 19, 2023. The court stated that if he did not seek to replead, the Clerk would enter judgment for the defendants and close the case. The Clerk was also directed to terminate the pending motion at ECF No. 14.