Wade v. New York State Department of State Office of Planning

Background

Joseph W. Wade, proceeding without a lawyer and without prepaying filing fees, sued the New York State Department of State Office of Planning, Development, and Community Infrastructure. He alleged that, in selecting a consultant for the Downtown Revitalization Initiative and New York Forward Consultant Request for Proposals, the defendant improperly combined cost scores with quality rankings. Wade claimed this violated Public Law 92-582, Section 902, which he said required contracts involving architectural and engineering work to be evaluated based on demonstrated competence and qualifications before cost was considered. He sought $2,000,000 in damages.

Court’s Analysis

Because Wade invoked federal-question jurisdiction, the court construed the complaint as asserting claims under 42 U.S.C. § 1983, a law that allows claims for violations of federal rights by state actors. The court held that the defendant was a state instrumentality protected by the Eleventh Amendment, which generally prevents states and their agencies from being sued in federal court unless an exception applies. The court stated that New York had not waived this immunity and that Congress had not removed it for § 1983 claims.

The court therefore did not reach the merits of Wade’s allegations about the procurement evaluation process. It also declined to give Wade permission to amend the complaint because it found that the defect could not be cured by amendment. The court noted that Wade could seek to assert additional claims in a separate, related action.

Disposition

The court dismissed Wade’s complaint as barred by the Eleventh Amendment. It denied permission to proceed without prepaying fees for an appeal after certifying that an appeal would not be taken in good faith. The court directed the Clerk of Court to enter judgment. Judge Laura Taylor Swain signed the order.