Powell v. State of New York

Background

Jamar Powell brought this action under 42 U.S.C. § 1983, a federal law allowing claims against certain persons who violate constitutional rights while acting under state authority. He alleged that defendants violated his constitutional rights while he was incarcerated at Fishkill Correctional Facility. The defendants named in the complaint were the State of New York, Fishkill Correctional Facility, and two unnamed correctional officers. Powell proceeded without a lawyer.

The court had previously allowed Powell to proceed without prepaying the filing fee. Because the action was brought by a prisoner seeking relief from governmental defendants, the court was required to screen the complaint and dismiss claims that were legally insufficient, frivolous, malicious, sought money from an immune defendant, or fell outside the court’s jurisdiction.

Rulings

The court dismissed Powell’s claims against the State of New York. It held that the state’s Eleventh Amendment immunity generally barred this type of federal lawsuit, that New York had not waived that immunity, and that Congress had not removed it through Section 1983.

The court also dismissed Powell’s claims against Fishkill Correctional Facility. It held that the facility is not a “person” that can be sued under Section 1983.

The court did not identify the two unnamed correctional officers because the complaint did not provide enough information. Instead, it ordered Powell, within thirty days of the order’s date, to provide more descriptive information, including incident dates and times, physical descriptions, distinctive marks or tattoos, and usual shifts or assignments, if known. The court stated that, after receiving this information, the relevant New York corrections department would be directed to identify the officers by name and badge number.

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

Disposition

The court vacated its earlier order, identified as ECF No. 7. It dismissed Powell’s claims against the State of New York as barred by the Eleventh Amendment and dismissed his claims against Fishkill Correctional Facility under the prisoner-screening statute. It ordered Powell to provide additional information about the unnamed officers and held that Local Civil Rule 33.2 applies. The court also certified that any appeal would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal.