Hernandez v. Sposato et al
Filing
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MEMORANDUM AND ORDER: Plaintiff Derick Hernandez, currently incarcerated at the Nassau County Jail, brings this pro se action under 42 U.S.C. § 1983, alleging that he was denied proper medical care. Plaintiffs application to proceed in forma pau peris (IFP) pursuant to 28 U.S.C. § 1915 is granted. For the reasons discussed below, Plaintiff's claims against Sheriff Sposato are dismissed. Plaintiff's claims against the John Doe defendants on the medical staff at the Nassau Count y Jail shall proceed. Accordingly, all claims against Sheriff Sposato are dismissed. 28 U.S.C. §§ 1915A; 1915(e)(2)(B). No summons shall issue as to this defendant and the Clerk of Court is directed to amend the caption to reflect the dismi ssal of this defendant. Plaintiff's claims against the John Doe defendants on the medical staff at the Nassau County Jail shall proceed. The Clerk of Court shall send a copy of this Order to plaintiff and to the Nassau County Attorneys Office. T he case is referred to Magistrate Judge Arlene R. Lindsay for pretrial supervision. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and therefore in forma pauperis status is denied for purpose of an appeal. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). (See attachment for additional details).. Ordered by Judge LaShann DeArcy Hall on 2/3/2017. (Basnight, Jasmine)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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NOT FOR PUBLICATION
DERICK HERNANDEZ,
MEMORANDUM OF
DECISION AND ORDER
16-CV-6333 (LDH) (ARL)
Plaintiff,
-againstSHERIFF SPOSATO; JOHN DOES 1-7;
NASSAU MEDICAL STAFF,
Defendants.
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LASHANN DEARCY HALL, United States District Judge:
Plaintiff Derick Hernandez, currently incarcerated at the Nassau County Jail, brings this
pro se action under 42 U.S.C. § 1983, alleging that he was denied proper medical care.
Plaintiff’s application to proceed in forma pauperis (“IFP”) pursuant to 28 U.S.C. § 1915 is
granted. For the reasons discussed below, Plaintiff’s claims against Sheriff Sposato are
dismissed. Plaintiff’s claims against the John Doe defendants on the medical staff at the Nassau
County Jail shall proceed.
BACKGROUND
Plaintiff states that on October 25, 2016, “at around 9:40” he was “slashed from the side
of [his] face to [his] neck by an unknown person.” (Compl. 4, ECF No. 1.) Plaintiff further
alleged that “[t]he wound did not open” but that he was “left with a line from [his] cheek to neck
. . . .” (Id.) Plaintiff also states that he experienced thigh pain, but does not elaborate on the
source of this pain. (Id.) Plaintiff alleges that the medical staff did not treat his injuries and he
was “given nothing for the pain.” (Id.) Plaintiff seeks money damages, declaratory, and
injunctive relief. (Id. at 5.)
STANDARD OF REVIEW
Under 28 U.S.C. § 1915(e)(2)(B), a district court shall dismiss an in forma pauperis
action where it is satisfied that the action “(i) is frivolous or malicious; (ii) fails to state a claim
on which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune
from such relief.” At the pleadings stage of the proceeding, the Court must assume the truth of
“all well-pleaded, nonconclusory factual allegations” in the complaint. Kiobel v. Royal Dutch
Petroleum Co., 621 F.3d 111, 124 (2d Cir. 2010) (citing Ashcroft v. Iqbal, 556 U.S. 662, 677
(2009)). A complaint must plead sufficient facts to “state a claim to relief that is plausible on its
face.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007). Under 28 U.S.C. § 1915A, a
district court “shall review, before docketing, if feasible or, in any event, as soon as practicable
after docketing, a complaint in a civil action in which a prisoner seeks redress from a
governmental entity or officer or employee of a governmental entity.” 28 U.S.C. § 1915A.
Furthermore, it is axiomatic that pro se complaints are held to less stringent standards than
pleadings drafted by attorneys and the Court is required to read the plaintiff’s pro se complaint
liberally and interpret it to raise the strongest arguments it suggests. Graham v. Henderson, 89
F.3d 75, 79 (2d Cir. 1996); see also Erickson v. Pardus, 551 U.S. 89, 94 (2007); Hughes v.
Rowe, 449 U.S. 5, 9-10 (1980); Sealed Plaintiff v. Sealed Defendant #1, 537 F.3d 185, 191 (2d
Cir. 2008).
DISCUSSION
Personal Involvement
Plaintiff’s claims against Sheriff Sposato fail and must be dismissed. In a civil rights
action, a plaintiff must demonstrate a defendant’s direct or personal involvement in the conduct
which is alleged to have caused the constitutional deprivation. See Farrell v. Burke, 449 F.3d
470, 484 (2d Cir. 2006); Wright v. Smith, 21 F.3d 496, 501 (2d Cir. 1994); Leibovitz v. City of
New York, No. 15-cv-1722, 2015 WL 3971528, at *4 (E.D.N.Y. June 30, 2015); Holmes v. Kelly,
No. 13-cv-3122, 2014 WL 3725844, at *2 (E.D.N.Y. July 25, 2014). A plaintiff must “allege a
tangible connection between the acts of a defendant and the injuries suffered.” Bass v. Jackson,
790 F.2d 260, 263 (2d Cir. 1986).
Additionally, a defendant supervisor cannot be held liable under § 1983 solely based on
his position, because there is no respondeat superior or vicarious liability under § 1983. See,
e.g., Iqbal, 556 U.S. 676 (“Because vicarious liability is inapplicable to Bivens and § 1983 suits,
a plaintiff must plead that each Government-official defendant, through the official’s own
individual actions, has violated the Constitution.”). Here, plaintiff fails to allege any facts to
support a claim against Sheriff Sposato and there is nothing in the complaint to suggest that he
had any direct involvement with, knowledge of, or responsibility for the alleged deprivation of
plaintiff’s civil rights to make him liable. See Hurdle v. Pagnotta, No. 16-cv-4186, 2016 WL
4186974, at *2 (E.D.N.Y. Aug. 8, 2016) (dismissing § 1983 claims against district attorney
defendant, where plaintiff failed to plead direct involvement “because there is no respondeat
superior or vicarious liability under § 1983”).
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CONCLUSION
Accordingly, all claims against Sheriff Sposato are dismissed. 28 U.S.C. §§ 1915A;
1915(e)(2)(B). No summons shall issue as to this defendant and the Clerk of Court is directed to
amend the caption to reflect the dismissal of this defendant. Plaintiff’s claims against the John
Doe defendants on the medical staff at the Nassau County Jail shall proceed.
As the true identities of the remaining defendants are unknown at this time, pursuant to
Valentin v. Dinkins, 121 F.3d 72 (2d Cir. 1997) (per curiam), the Court requests that the Nassau
County Attorney’s Office ascertain the full names of the John Doe defendants on the medical
staff at the Nassau County Jail who were allegedly involved in the events that occurred on or
about October 25, 2016. The Nassau County Attorney’s Office is also requested to provide the
addresses where the defendants can currently be served. The Nassau County Attorney’s Office
need not undertake to defend or indemnify these individuals at this time. This Order merely
provides a means by which Plaintiff may name and properly serve the defendants as instructed
by the Second Circuit in Valentin. The Nassau County Attorney’s Office is requested to produce
the information specified regarding the identity of these defendants within forty five (45) days
from the entry of this Order. Once this information is provided, plaintiff’s complaint shall be
deemed amended to reflect the full names of the defendants; summonses shall issue; and the
United States Marshal Service shall serve the summonses, the complaint, and this Order upon
them without prepayment of fees.
The Clerk of Court shall send a copy of this Order to plaintiff and to the Nassau County
Attorney’s Office. The case is referred to Magistrate Judge Arlene R. Lindsay for pretrial
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supervision. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal would not be
taken in good faith and therefore in forma pauperis status is denied for purpose of an appeal.
Coppedge v. United States, 369 U.S. 438, 444-45 (1962).
SO ORDERED.
/s/ LDH
LASHANN DEARCY HALL
United States District Judge
Dated: Brooklyn, New York
February 2, 2017
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