Hickman v. Endeaver

Background

Quandel[l] Hickman, who was detained at the Otis Bantum Correctional Center on Rikers Island, brought the action without a lawyer under 42 U.S.C. § 1983. That law allows claims for constitutional violations committed by state or local officials. The court had previously allowed Hickman to proceed without paying filing fees upfront.

The opinion states that Hickman sued Correction Officers Endeavers, Grant, and D.W. Johnson; Dr. Nowlin; and Captain Firsov. The opinion does not describe the underlying allegations against most of these defendants in detail.

Claims Against Captain Firsov

The court explained that a § 1983 claim requires facts showing that each defendant was directly and personally involved in the alleged constitutional violation. A person cannot be held liable merely because that person supervises or employs someone who allegedly violated the plaintiff’s rights.

Hickman alleged that, after he complained to Firsov about Endeavers’s actions, Firsov directed Endeavers to provide Hickman with a badge number and told Endeavers to write an injury report. The court concluded that these allegations did not show Firsov’s personal involvement in a constitutional violation. It therefore dismissed Hickman’s claims against Firsov for failure to state a claim under the prisoner-screening statute, 28 U.S.C. § 1915(e)(2)(B)(ii).

Because Hickman was proceeding without a lawyer, the court granted him 30 days to replead his claims against Firsov in an amended complaint. The court stated that an amended complaint would replace, rather than supplement, the original complaint, so Hickman would have to repeat any facts or claims he wanted to keep.

Service of the Other Defendants

The court requested that Correction Officers Endeavers, Grant, and D.W. Johnson waive service of the summons. It also understood “Dr. Nowlin” to refer to Physician’s Assistant Louis Nowlin, identified in the service section as an employee of Physician Affiliate Group of New York, P.C.

Because Hickman was allowed to proceed without paying fees upfront, the court directed the clerk to prepare the required service paperwork and issue a summons for Louis Nowlin. The U.S. Marshals Service was directed to carry out service. The court stated that the time to serve Nowlin would run for 90 days after the summons was issued, and that Hickman should request an extension if service was not completed within that period.

The court also instructed Hickman to notify the court in writing if his address changed and warned that the action could be dismissed if he failed to do so.

Disposition

The court dismissed Hickman’s claims against Captain Firsov for failure to state a claim, with 30 days’ leave to replead. It directed service-related actions for the other defendants and ordered an information package mailed to Hickman. The court certified that any appeal would not be taken in good faith and denied permission to proceed without paying fees for an appeal.

Judge Ronnie Abrams signed the order on May 1, 2024.