Gumora v. Covington
1:24-cv-06550
| S.D.N.Y. | Sep 23, 2024Background
- Plaintiff, Joshua Jonathan Joseph Gumora, an inmate at the Robert N. Davoren Center (RNDC) on Rikers Island, brings a civil rights action under 42 U.S.C. § 1983, alleging violations of federally protected rights by officers and staff at different New York City Department of Correction (DOC) facilities.
- Plaintiff filed the complaint pro se and was granted in forma pauperis status, allowing him to proceed without prepayment of fees (though he is still obligated to pay the filing fee over time).
- The Court ordered waiver of service requests for various named DOC officials and correction officers, as well as steps for plaintiff to identify "Doe" correctional health services staff with the assistance of New York City Health + Hospitals (H+H).
- Plaintiff sought to include claims against the CEO of Keefe Commissary Network, a private company providing commissary services to inmates, under § 1983.
- The Court addressed the applicability of Local Civil Rule 33.2, requiring defendants to respond to specific prisoner discovery requests within 120 days, and outlined notification and mailing procedures for the pro se plaintiff and relevant entities.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether service should be ordered for DOC officials | DOC officials violated his rights | N/A (procedural stage) | Service ordered to be waived for listed DOC |
| Whether Doe medical staff can be identified | Sufficient information provided | N/A | H+H must identify and provide information |
| § 1983 claim against Keefe CEO (private party) | Keefe CEO liable for commissary role | Keefe not a state actor | Dismissed claim against Keefe CEO |
| Applicability of Local Civil Rule 33.2 | Discovery required for prisoner case | N/A | Rule 33.2 applies; discovery requests ordered |
Key Cases Cited
- Valentin v. Dinkins, 121 F.3d 72 (2d Cir. 1997) (pro se litigants are entitled to court assistance in identifying unknown defendants under § 1983)
- Sykes v. Bank of Am., 723 F.3d 399 (2d Cir. 2013) (private parties generally are not liable under § 1983 unless they are state actors)
- Ciambriello v. Cnty. of Nassau, 292 F.3d 307 (2d Cir. 2002) (the Constitution regulates government action, not private conduct)
- Brentwood Acad. v. Tenn. Secondary Sch. Athletic Ass’n, 531 U.S. 288 (2001) (discussing when private entities might qualify as state actors for § 1983 liability)
- Montalvo v. Lamy, 139 F. Supp. 3d 597 (W.D.N.Y. 2015) (Keefe’s management of a commissary does not make it a state actor under § 1983)