Lugo v. The State of New York

Background

Ulyse Lugo filed this self-represented prisoner civil-rights action under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics. He alleged that, in October 2020, he was denied adequate medical care while incarcerated at the Metropolitan Correctional Center, New York. The complaint named the State of New York, Warden Jane Doe, Lt. John Doe #1, Lt. John Doe #2, Acting Captain John Doe, and unnamed medical staff members.

The opinion states that Lugo was in the custody of the Federal Bureau of Prisons at the time of the alleged violations. It also states that he was currently detained at the Essex County Correctional Facility in Newark, New Jersey. Chief Judge Laura Taylor Swain had previously allowed Lugo to proceed without prepaying filing fees.

Screening standard

Because Lugo was a prisoner proceeding without prepaying fees, the court screened his complaint under the Prison Litigation Reform Act. The court was required to dismiss claims that were frivolous, malicious, failed to state a legally sufficient claim, sought money from an immune defendant, or fell outside the court’s subject-matter jurisdiction. The court also noted that self-represented complaints are read liberally, but still must provide a short and plain statement showing entitlement to relief.

Claims against the State of New York

The court dismissed Lugo’s claims against the State of New York. First, it held that New York was not the entity responsible for Lugo’s custody when the alleged violations occurred; the opinion identifies the Federal Bureau of Prisons as his custodian at that time.

Second, the court held that any claim against New York under 42 U.S.C. § 1983 would be barred by the Eleventh Amendment. Section 1983 permits claims against persons acting under state authority who violate federal rights. The court stated that New York had not waived its Eleventh Amendment protection and that Congress had not removed that protection through Section 1983.

Unnamed defendants

The court did not dismiss the claims against the unnamed defendants at this stage. It found that Lugo had provided enough information for the Bureau of Prisons to identify Warden Jane Doe, Lt. John Doe #1, Lt. John Doe #2, Acting Captain John Doe, and the medical staff members allegedly involved in the October 22, 2020 events at the Metropolitan Correctional Center, New York.

The court directed the United States Attorney’s Office for the Southern District of New York, acting as the Bureau of Prisons’ attorney and agent, to determine the identities, identification numbers, and service addresses of the unnamed defendants within 60 days of the order. Lugo must file an amended complaint naming those defendants within 30 days after receiving the information. The amended complaint will replace, rather than supplement, the original complaint. The court will screen the amended complaint after it is filed.

Other directions and disposition

The court informed Lugo about the New York Legal Assistance Group’s clinic for people representing themselves in civil cases. The clinic’s assistance is optional and limited; the court emphasized that it is not part of the court and cannot file papers for Lugo.

Judge Valerie Caproni’s order dismissed Lugo’s claims against the State of New York and directed the identification of the John and Jane Doe defendants. The order did not resolve the merits of Lugo’s medical-care allegations against those unnamed defendants. The court 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.