Donald v. Bennett
7:24-cv-03144
S.D.N.Y.May 9, 2024Background
- Plaintiff Clairmont Donald, an inmate at Sullivan County Correctional Facility, filed a pro se complaint under 42 U.S.C. § 1983.
- Donald alleges multiple facility staff and the New York State Department of Corrections and Community Supervision (DOCCS) denied him adequate medical care.
- The court previously granted Donald’s request to proceed in forma pauperis (IFP), allowing him to proceed without prepaying fees.
- The complaint was screened for merit and legal sufficiency prior to service being ordered.
- The court considered whether the Eleventh Amendment barred claims against DOCCS and addressed procedural steps for service on remaining defendants.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Can DOCCS be sued under § 1983 in federal court? | DOCCS denied adequate medical care | Eleventh Amendment bars suit | Claims against DOCCS dismissed (barred) |
| Proceeding IFP and service duties | Seeks court assistance for service | No explicit argument before court | Marshals to serve defendants (IFP granted) |
| Extension for service if not complete in 90 days | N/A | N/A | Plaintiff must request extension or be dismissed |
| Plaintiff obligation to update address | N/A | N/A | Must keep court updated, or risk dismissal |
Key Cases Cited
- Pennhurst State Sch. & Hosp. v. Halderman, 465 U.S. 89 (state agencies immune from suit in federal court under Eleventh Amendment)
- Bd. of Trs. v. Garrett, 531 U.S. 356 (Eleventh Amendment generally bars suits against states by private parties)
- Dube v. State Univ. of New York, 900 F.2d 587 (state immunity extends to state agencies)