Miata v. Department of Corrections et al

Filing 9

ORDER TO AMEND: Chambers will mail a copy of this order to Plaintiff Miata and note service on the docket. Plaintiff Miata is granted leave to file a second amended complaint that complies with the standards set forth above. Plaintiff Miata must submit the second amended complaint to this Court's Pro Se Intake Unit within sixty days of the date of this order, caption the document as an "Second Amended Complaint," and label the document with docket number 1:20-CV-94 86 (PGG). A Second Amended Civil Rights Complaint form is attached to this order. No summons will issue at this time. If Plaintiff Miata fails to comply within the time allowed, and cannot show good cause to excuse such failure, the Court will dismiss this action for failure to state a claim upon which relief may be granted. See 28 U.S.C. § 1915(e)(2)(B)(ii). The Court dismisses the Department of Corrections from the action for failure to state a claim. See id. SO ORDERED. (Signed by Judge Paul G. Gardephe on 1/8/2021) Department of Corrections terminated. (ks)

Case 1:20-cv-09486-PGG Document 9 Filed 01/08/21 Page 1 of 13

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
MICHAEL MIATA,
Plaintiff,
-against-

1:20-CV-9486 (PGG)

DEPARTMENT OF CORRECTIONS;
CYNTHIA BRANN; PATSY YANG;
MARGARET EGAN,

ORDER TO AMEND

Defendants.
PAUL G. GARDEPHE, United States District Judge:
Plaintiff Michael Miata, currently held in the Vernon C. Bain Center (“VCBC”), brings
this pro se action under 42 U.S.C. § 1983, alleging that the defendants are violating his federal
constitutional rights by not protecting him from contracting COVID-19. He originally filed this
action with 49 other VCBC prisoners. The original action was assigned to District Judge George
B. Daniels and opened under docket number 1:20-CV-8407; Judge Daniels referred the matter to
Magistrate Judge Stewart D. Aaron, who severed claims of the plaintiffs other than Plaintiff
Michael Lee, and directed that the severed claims of the 49 other plaintiffs be opened as 49
separate civil actions. See Lee v. Dept’ of Corrs., ECF 1:20-CV-8407, 7 (GBD) (SDA) (S.D.N.Y.
Nov. 9, 2020). This action is one of those newly opened civil actions.
By order dated January 6, 2021, the court granted Plaintiff Miata’s request to proceed
without prepayment of fees, that is, in forma pauperis (“IFP”). 1 For the reasons set forth below,
the Court grants Plaintiff Miata leave to file a second amended complaint within sixty days of the
date of this order.

1

Prisoners are not exempt from paying the full filing fee, even when they have been
granted permission to proceed IFP. See 28 U.S.C. § 1915(b)(1).

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BACKGROUND
In Lee, 20-CV-8407, Plaintiff Michael Lee initially sought to bring a class action on
behalf of himself and other VCBC detainees, including the plaintiff in this action, Michael Miata.
The plaintiffs sued the Commissioner of the New York City Department of Correction, Cynthia
Brann; “Health Director Commissioner” Patsy Yang; and Board of Correction Executive Director
Margaret Egan. They also may have intended to sue the New York City Department of
Correction (DOC).
In the original complaint, the plaintiffs alleged that they have been forced into unsafe
living conditions, including by being housed in units without appropriate capacity limitations to
allow for social distancing. (ECF 2 at 5.) They also alleged that prisoners are less than “3-4
inches” apart in sleeping areas and that 50 prisoners in one housing unit share toilets, sinks, and
showers. (Id.) They further alleged that certain detainees have contracted or been exposed to
COVID-19 as a result of these conditions. (Id. at 7.) They sought an improvement of conditions,
including a reduction in housing capacity; monetary damages; and the release of detainees who
meet certain criteria. (Id. at 7-8.)
On November 24, 2020, Plaintiff Lee filed an amended complaint in Lee, 1:20-CV-8407,
which Plaintiff Miata also signed. ECF 1:20-CV-8407, 14. At Magistrate Judge Aaron’s
direction, the amended complaint was docketed in each of the severed actions, including this
one. ECF 1:20-CV-8407, 19. The amended complaint provides fewer details than the original
complaint and does not specify how the defendants specifically violated any of the plaintiffs
constitutional rights.

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DISCUSSION
A.

Department of Correction
The original and the amended complaints include the DOC in their captions. Whether

Plaintiff Miata intended to sue this agency is unclear, but in any event, the claims against the
DOC must be dismissed because an agency of the City of New York is not an entity that can be
sued. N.Y. City Charter ch. 17, § 396 (“All actions and proceedings for the recovery of penalties
for the violation of any law shall be brought in the name of the city of New York and not in that
of any agency, except where otherwise provided by law.”); Jenkins v. City of New York, 478 F.3d
76, 93 n.19 (2d Cir. 2007); see also Emerson v. City of New York, 740 F. Supp. 2d 385, 395
(S.D.N.Y. 2010) (“[A] plaintiff is generally prohibited from suing a municipal agency.”).
B.

Remaining Defendants
To state a claim under 42 U.S.C. § 1983, Plaintiff Miata must allege both that: (1) a right

secured by the Constitution or laws of the United States was violated, and (2) the right was
violated by a person acting under the color of state law, or a “state actor.” West v. Atkins, 487
U.S. 42, 48-49 (1988).
If Plaintiff Miata was a pretrial detainee at the time of the events giving rise to his claims,
the claims arise under the Due Process Clause of the Fourteenth Amendment. If he was a
convicted prisoner, his claims arise under the Cruel and Unusual Punishments Clause of the
Eighth Amendment. Bell v. Wolfish, 441 U.S. 520, 535 n.16 (1979); Darnell v. Pineiro, 849 F.3d
17, 29 (2d Cir. 2017). Regardless of whether Plaintiff Miata was a pretrial detainee or convicted
prisoner, he must satisfy two elements to state such a claim: (1) an “objective” element, which
requires a showing that the challenged conditions are sufficiently serious, and (2) a “mental”
element, which requires a showing that the officer acted with at least deliberate indifference to
the challenged conditions. Darnell, 849 F.3d at 29-33.

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The objective element of a deliberate indifference claim is the same for pretrial detainees
and convicted prisoners – “‘the inmate must show that the conditions, either alone or in
combination, pose an unreasonable risk of serious damage to his health’” or safety, which
“includes the risk of serious damage to ‘physical and mental soundness.’” Id. at 30 (quoting
Walker v. Schult, 717 F.3d 119, 125 (2d Cir. 2013) and LaReau v. MacDougall, 473 F.2d 974,
978 (2d Cir. 1972)); see also Farmer v. Brennan, 511 U.S. 825, 828 (1994) (“A prison official’s
‘deliberate indifference’ to a substantial risk of serious harm to an inmate violates the Eighth
Amendment.”). “[P]rison officials violate the Constitution when they deprive an inmate of his
basic human needs such as food, clothing, medical care, and safe and sanitary living conditions.”
Walker, 717 F.3d at 125 (internal quotation marks omitted).
The second element – the “subjective” or “mental” element – varies depending on
whether a plaintiff is a pretrial detainee or convicted prisoner. A convicted prisoner must allege
that a correction official “‘kn[ew] of and disregard[ed] an excessive risk to inmate health or
safety; the official must both [have been] aware of facts from which the inference could be
drawn that a substantial risk of serious harm exists, and he must also [have] draw[n] the
inference.’” Darnell, 849 F.3d at 32 (quoting Farmer, 511 U.S. at 837). A pretrial detainee must
allege “that the defendant-official acted intentionally to impose the alleged condition, or
recklessly failed to act with reasonable care to mitigate the risk that the condition posed to the
pretrial detainee even though the defendant-official knew, or should have known, that the
condition posed an excessive risk to health or safety.” Id. at 35. The mere negligence of a
correction official is not a basis for a claim of a federal constitutional violation under § 1983. See
Daniels v. Williams, 474 U.S. 327, 335-36 (1986); Davidson v. Cannon, 474 U.S. 344, 348
(1986).

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Because the amended complaint does not contain sufficient facts to state a claim, the
Court directs Plaintiff Miata to file a second amended complaint. Plaintiff Miata’s second
amended complaint should allege whether he is a pretrial detainee, which housing unit(s) he is or
has been assigned to during the relevant time period, and the specific conditions within those
units that he contends violate his constitutional rights. For example, if Plaintiff Miata asserts that
the defendants failed to comply with capacity restrictions or other precautionary measures
intended to prevent the spread of COVID-19, he should allege any facts suggesting that such
failures resulted in a substantial risk of serious harm to him, and that the defendants were
deliberately indifferent to the risk of serious harm to his safety or health. If Plaintiff Miata names
individuals as defendants, he must allege facts regarding their personal involvement in the
alleged violations of his rights. Further, if Plaintiff Miata is seeking release as a remedy, he must
include individualized allegations regarding the basis for such relief.
LEAVE TO AMEND
Plaintiff Miata is granted leave to file a second amended complaint to detail his claims.
First, Plaintiff Miata must name as the defendant(s) in the caption 2 and in the statement of claim
those individuals who were allegedly involved in the deprivation of his federal rights. If Plaintiff
Miata does not know the name of a defendant, he may refer to that individual as “John Doe” or
“Jane Doe” in both the caption and the body of the second amended complaint. 3 The naming of

2

The caption is located on the front page of the complaint. Each individual defendant
must be named in the caption. Plaintiff Miata may attach additional pages if there is not enough
space to list all of the defendants in the caption. If Plaintiff Miata needs to attach an additional
page to list all defendants, he should write “see attached list” on the first page of the second
amended complaint. Any defendants named in the caption must also be discussed in Plaintiff
Miata’s statement of claim.
3

For example, a defendant may be identified as: “Correction Officer John Doe #1 on
duty on August 31, 2020, at the Sullivan Correctional Facility clinic, during the 7 a.m. to 3 p.m.
shift.”

5

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“John Doe” or “Jane Doe” defendants, however, does not toll the three-year statute of limitations
period governing this action and Plaintiff Miata shall be responsible for ascertaining the true
identity of any “John Doe” or “Jane Doe” defendants and amending his complaint to include the
identity of any “John Doe” or “Jane Doe” defendants before the statute of limitations period
expires. Should Plaintiff Miata seek to add a new claim or party after the statute of limitations
period has expired, he must meet the requirements of Rule 15(c) of the Federal Rules of Civil
Procedure.
In the statement of claim, Plaintiff Miata must provide a short and plain statement of the
relevant facts supporting each claim against each defendant named in the second amended
complaint. Plaintiff Miata is also directed to provide the addresses for any named defendants. To
the greatest extent possible, Plaintiff Miata’s second amended complaint must:
a) give the names and titles of all relevant persons;
b) describe all relevant events, stating the facts that support Plaintiff Miata’s case,
including what each defendant did or failed to do;
c) give the dates and times of each relevant event or, if not known, the approximate date
and time of each relevant event;
d) give the location where each relevant event occurred;
e) describe how each defendant’s acts or omissions violated Plaintiff Miata’s rights and
describe the injuries Plaintiff Miata suffered; and
f) state what relief Plaintiff Miata seeks from the Court, such as money damages,
injunctive relief, or declaratory relief.
Essentially, the body of Plaintiff Miata’s second amended complaint must tell the Court:
who violated his federally protected rights; what facts show that his federally protected rights
were violated; when such violation occurred; where such violation occurred; and why Plaintiff
Miata is entitled to relief. Because Plaintiff Miata’s second amended complaint will completely

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replace, not supplement, the original and amended complaints, any facts or claims that Plaintiff
Miata wishes to maintain must be included in the second amended complaint.
CONCLUSION
Chambers will mail a copy of this order to Plaintiff Miata and note service on the docket.
Plaintiff Miata is granted leave to file a second amended complaint that complies with the
standards set forth above. Plaintiff Miata must submit the second amended complaint to this
Court’s Pro Se Intake Unit within sixty days of the date of this order, caption the document as an
“Second Amended Complaint,” and label the document with docket number 1:20-CV-9486
(PGG). A Second Amended Civil Rights Complaint form is attached to this order. No summons
will issue at this time. If Plaintiff Miata fails to comply within the time allowed, and cannot show
good cause to excuse such failure, the Court will dismiss this action for failure to state a claim
upon which relief may be granted. See 28 U.S.C. § 1915(e)(2)(B)(ii).
The Court dismisses the “Department of Corrections” from the action for failure to state a
claim. See id.
SO ORDERED.
Dated:

January 8, 2021
New York, New York
PAUL G. GARDEPHE
United States District Judge

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Case 1:20-cv-09486-PGG Document 9 only) Filed 01/07/21 Page

U NITED S TATES D ISTRICT C OURT
S OUTHERN D ISTRICT OF N EW Y ORK

_____CV_______________
(Include case number if one has been
assigned)

Write the full name of each plaintiff.

SECOND AMENDED

-against-

COMPLAINT
(Prisoner)
Do you want a jury trial?
☐ Yes
☐ No

Write the full name of each defendant. If you cannot fit the
names of all of the defendants in the space provided, please
write “see attached” in the space above and attach an
additional sheet of paper with the full list of names. The
names listed above must be identical to those contained in
Section IV.

NOTICE
The public can access electronic court files. For privacy and security reasons, papers filed
with the court should therefore not contain: an individual’s full social security number or full
birth date; the full name of a person known to be a minor; or a complete financial account
number. A filing may include only: the last four digits of a social security number; the year of
an individual’s birth; a minor’s initials; and the last four digits of a financial account number.
See Federal Rule of Civil Procedure 5.2.

Rev. 5/20/16

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Case 1:20-cv-09486-PGG Document 9 only) Filed 01/07/21 Page

I.

LEGAL BASIS FOR CLAIM

State below the federal legal basis for your claim, if known. This form is designed primarily for
prisoners challenging the constitutionality of their conditions of confinement; those claims are
often brought under 42 U.S.C. § 1983 (against state, county, or municipal defendants) or in a
“Bivens” action (against federal defendants).

☐ Violation of my federal constitutional rights
☐ Other:
II.

PLAINTIFF INFORMATION

Each plaintiff must provide the following information. Attach additional pages if necessary.

First Name

Middle Initial

Last Name

State any other names (or different forms of your name) you have ever used, including any name
you have used in previously filing a lawsuit.
Prisoner ID # (if you have previously been in another agency’s custody, please specify each agency
and the ID number (such as your DIN or NYSID) under which you were held)
Current Place of Detention
Institutional Address

County, City

III.

State

Zip Code

PRISONER STATUS

Indicate below whether you are a prisoner or other confined person:

☐
☐
☐
☐
☐

Pretrial detainee
Civilly committed detainee
Immigration detainee
Convicted and sentenced prisoner
Other:

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IV.

DEFENDANT INFORMATION

To the best of your ability, provide the following information for each defendant. If the correct
information is not provided, it could delay or prevent service of the complaint on the defendant.
Make sure that the defendants listed below are identical to those listed in the caption. Attach
additional pages as necessary.
Defendant 1:

First Name

Last Name

Shield #

Current Job Title (or other identifying information)
Current Work Address
County, City

State

Zip Code

Defendant 2:

First Name

Last Name

Shield #

Current Job Title (or other identifying information)
Current Work Address
County, City

State

Zip Code

Defendant 3:

First Name

Last Name

Shield #

Current Job Title (or other identifying information)
Current Work Address
County, City

State

Zip Code

Defendant 4:

First Name

Last Name

Shield #

Current Job Title (or other identifying information)
Current Work Address
County, City

State

Zip Code
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V.

STATEMENT OF CLAIM

Place(s) of occurrence:

Date(s) of occurrence:
FACTS:

State here briefly the FACTS that support your case. Describe what happened, how you were
harmed, and how each defendant was personally involved in the alleged wrongful actions. Attach
additional pages as necessary.

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INJURIES:

If you were injured as a result of these actions, describe your injuries and what medical treatment,
if any, you required and received.

VI.

RELIEF

State briefly what money damages or other relief you want the court to order.

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VII.

PLAINTIFF’S CERTIFICATION AND WARNINGS

By signing below, I certify to the best of my knowledge, information, and belief that: (1) the
complaint is not being presented for an improper purpose (such as to harass, cause unnecessary
delay, or needlessly increase the cost of litigation); (2) the claims are supported by existing law
or by a nonfrivolous argument to change existing law; (3) the factual contentions have
evidentiary support or, if specifically so identified, will likely have evidentiary support after a
reasonable opportunity for further investigation or discovery; and (4) the complaint otherwise
complies with the requirements of Federal Rule of Civil Procedure 11.
I understand that if I file three or more cases while I am a prisoner that are dismissed as
frivolous, malicious, or for failure to state a claim, I may be denied in forma pauperis status in
future cases.
I also understand that prisoners must exhaust administrative procedures before filing an action
in federal court about prison conditions, 42 U.S.C. § 1997e(a), and that my case may be
dismissed if I have not exhausted administrative remedies as required.
I agree to provide the Clerk's Office with any changes to my address. I understand that my
failure to keep a current address on file with the Clerk's Office may result in the dismissal of my
case.

Each Plaintiff must sign and date the complaint. Attach additional pages if necessary. If seeking to
proceed without prepayment of fees, each plaintiff must also submit an IFP application.

Dated
First Name

Plaintiff’s Signature
Middle Initial

Last Name

Prison Address
County, City

State

Zip Code

Date on which I am delivering this complaint to prison authorities for mailing:

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