Fuentes v. New York State Department of Corrections and Community Supervision

Background

Jesus Fuentes, who is incarcerated at Fishkill Correctional Facility and proceeding without a lawyer, brought claims under 42 U.S.C. § 1983. He alleged that the defendants acted with deliberate indifference to a serious risk of harm from environmental tobacco smoke in facilities operated by the New York State Department of Corrections and Community Supervision (DOCCS). The court had previously allowed him to proceed without prepaying the filing fee.

Because Fuentes is a prisoner proceeding without prepaying the filing fee, the court was required to screen his complaint. Under that screening process, the court must dismiss claims that are frivolous, malicious, legally insufficient, seek money from an immune defendant, or fall outside the court’s jurisdiction.

Claims Against DOCCS and Former Commissioners

The court held that DOCCS is an arm of New York State and is protected by the Eleventh Amendment from Fuentes’s § 1983 claims in federal court. The court therefore dismissed the claims against DOCCS.

Fuentes sued former DOCCS Commissioners Glenn S. Goord, Brian Fischer, and Anthony J. Annucci in both their official and personal capacities. The court dismissed the official-capacity claims against those former commissioners based on Eleventh Amendment immunity. The court explained that the exception allowing prospective injunctive relief against state officials applies only when the official has a connection to enforcing the challenged conduct, and the former commissioners could not provide the requested prospective relief. The personal-capacity claims against those individual defendants remained.

The court substituted Acting DOCCS Commissioner Daniel F. Martuscello for former Commissioner Annucci under Federal Rule of Civil Procedure 25(d). It ruled that the official-capacity claim seeking prospective injunctive relief could proceed at this stage against the Acting Commissioner because he might be able to provide that relief under the exception recognized in Ex parte Young.

Service of Process

Because Fuentes was allowed to proceed without prepaying the filing fee, the court directed the U.S. Marshals Service to serve Edward Burnett, identified as the Fishkill Superintendent, and Acting DOCCS Commissioner Daniel F. Martuscello. The Clerk was directed to issue summonses and prepare the required service forms. The court stated that service must occur within 90 days after the summonses are issued, unless Fuentes requests more time.

The court also ordered the New York State Attorney General’s Office to determine and provide service addresses for former Correction Officer Kimberly Lawrence, retired Fishkill Superintendent Leroy Fields, and former Commissioners Annucci, Goord, and Fischer, who remained defendants only in their personal capacities.

Disposition

The court dismissed Fuentes’s claims against DOCCS and the official-capacity claims against Goord, Fischer, and Annucci. It left the personal-capacity claims against those individual defendants and allowed the official-capacity claim for prospective relief to proceed against Acting Commissioner Martuscello. The court directed the Clerk and U.S. Marshals Service to take steps to serve the defendants. It also denied permission to proceed without prepaying fees for an appeal and certified that an appeal from the order would not be taken in good faith.

Name Inconsistency

The opinion identifies the Acting Commissioner as Daniel F. Martuscello III in the discussion, service instructions, and service-address section, but the conclusion refers to Daniel F. Martuscello II. The opinion does not resolve that inconsistency.