Powell v. State of New York

Background

Jamar Powell filed this action without a lawyer under 42 U.S.C. § 1983, a federal law allowing claims against certain people who violate constitutional rights while acting under state authority. He alleged that his constitutional rights were violated while he was incarcerated at Fishkill Correctional Facility, including in a restroom shower during the period from August through November 22, 2023. The defendants named in the complaint were the State of New York, Fishkill Correctional Facility, and two correctional officers identified only as John Doe. The court had previously allowed Powell to proceed without paying the filing fee in advance, although the opinion notes that prisoners remain responsible for the full filing fee.

Screening standard

The Prison Litigation Reform Act requires federal courts to screen prisoner complaints seeking relief from governmental entities or their employees. The court must dismiss claims that are frivolous, malicious, fail to state a legally sufficient claim, seek money from an immune defendant, or fall outside the court’s subject-matter jurisdiction. Although complaints filed without a lawyer are read liberally, they still must provide enough factual detail to make the asserted claim plausible.

Claims against the State of New York

The court dismissed Powell’s claims against the State of New York. It held that the State had not waived its immunity from suit in federal court and that Congress had not removed that immunity when it enacted Section 1983. The court therefore concluded that the Eleventh Amendment barred Powell’s Section 1983 claims against New York.

Claims against Fishkill Correctional Facility

The court also dismissed Powell’s claims against Fishkill Correctional Facility. Section 1983 permits suits against a “person” who violates federal rights, and the court held that the correctional facility is not a “person” that can be sued under that statute.

Unidentified correctional officers

The court did not dismiss the claims against the John Doe correctional officers at this stage. It stated that Powell had not provided enough information for the state corrections department to identify them. The court ordered Powell to provide, within 30 days of the order, more descriptive information if known, including incident dates and times, physical descriptions, distinctive marks or tattoos, and the officers’ usual shifts and assignments. After receiving that information, the court said it would direct the state corrections department to identify the officers by name and badge number.

Discovery and appeal

The court ruled that Local Civil Rule 33.2 applies. That rule requires defendants in certain prisoner cases to respond to specified court-ordered interrogatories and document requests. The defendants must serve responses within 120 days after service of the complaint and must quote each request verbatim.

The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith. It therefore denied Powell permission to proceed without paying fees for purposes of an appeal. The order directed the Clerk of Court to send the order and complaint to the New York Attorney General and to send Powell an information package.