850 F. Supp. 2d 418
S.D.N.Y.2012Background
- Plaintiff sues on behalf of Marrero (deceased) and derivatively for his estate, spouse and son; case arises from Marrero’s medical care in Westchester DOC.
- Westchester County, WCHCC, WMC, and NYMC contracted to provide inmate medical care; entities are public/private combinations operating on same campus in Valhalla.
- Defendants include Dr. Bailey-Wallace, Dr. Goldberg, and Nurse Yozzo who administered care; county executives and officials Spano, Spano, and Amicucci are named for supervisory roles.
- Marrero complained of delayed diagnosis and inadequate care from Sept–Dec 2009; he ultimately was diagnosed with throat cancer but not promptly treated and was decompensating.
- Marrero underwent a barium swallow, CT, and biopsy; he died Sept. 23, 2010 from cancer-related causes; plaintiff asserts §1983 claims and pendent state-law claims for malpractice, wrongful death, and emotional distress.
- Court granted NYMC’s motion to dismiss the §1983 claim against NYMC, but denied other motions; Monell claim against County survives; limited discovery denied as moot.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Doctor Defendants acted under color of state law for §1983 liability | Marrero treated at prison by NYMC doctors; acts are state action per West v. Atkins. | Doctors were private contractors; not state actors. | Plaintiff plausibly pleads action under color of state law; color-of-state-law issue survivess the motion. |
| Personal involvement of Yozzo in the §1983 claim | Yozzo denied records and sustenance; personally involved in alleged violation. | No direct involvement alleged beyond generic claims. | Personal involvement pleaded; denial of motion to dismiss against Yozzo denied. |
| Monell liability of Westchester County | DOJ CRIPA Report shows pervasive custom of inadequate care; county policy implied. | Policy-making authority not shown for doctors; cannot attribute to County. | Monell claim survives on third prong (custom/usage) supported by DOJ report. |
| §1983 claim against NYMC and supplemental jurisdiction over state claims | NYMC acted under color of state law via contract; Monell-like liability possible. | NYMC did not have a policy to cause deprivation; no §1983 liability. | NYMC’s §1983 claim dismissed; supplemental jurisdiction over state claims remains. |
| Limited, expedited discovery motion on NYMC as state actor | Discovery needed to clarify state-actor status. | Record already sufficient; discovery unnecessary. | Motion for limited discovery denied as moot. |
Key Cases Cited
- West v. Atkins, 487 U.S. 42 (Supreme Court 1988) (physician contracted by state acts under color of state law when treating inmates)
- Monell v. Department of Social Services, 436 U.S. 658 (U.S. Supreme Court 1978) (municipal liability under §1983 requires policy or custom)
- Rendell-Baker v. Kohn, 457 U.S. 830 (U.S. Supreme Court 1982) (state action in Fourteenth Amendment context)
- Polk County v. Dodson, 454 U.S. 312 (U.S. Supreme Court 1981) (public defender analogy rejected for state action analysis)
- Rojas v. Alexander’s Dept. Store, 924 F.2d 406 (2d Cir. 1990) (private entity under color of state law under §1983 require policy or custom for liability)