John v. TD 30 Subway NYPD Cops
1:20-cv-02540
| E.D.N.Y | Jul 9, 2020Background
- Petitioner Sheldon Dashawn John is incarcerated at Mid-State Correctional Center and alleges misconduct by police at Woodhull Hospital in April 2017 while he was in custody.
- John previously filed two civil-rights actions arising from those events: 18-CV-5826 (dismissed for failure to prosecute but reopened by the court on May 21, 2020) and 18-CV-5950 (dismissed as duplicative).
- John filed the instant petition pro se as a habeas petition under 28 U.S.C. § 2254 seeking that the Court reopen those civil-rights actions.
- The court held that § 2254 permits habeas relief only to challenge custody pursuant to a state-court judgment and is limited to claims that a conviction or custody violates federal law.
- John did not challenge his custody as arising from a state-court judgment; he sought reopening of civil-rights litigation instead.
- The petition was dismissed; the court denied a certificate of appealability and in forma pauperis status for appeal, and directed John to file related materials in the reopened civil action (18-CV-5826).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 2254 habeas is a proper vehicle to seek reopening of civil-rights suits arising from events while in custody | John used § 2254 to ask the court to reopen his two civil-rights actions | § 2254 applies only to challenges to custody pursuant to a state-court judgment; John is not attacking such custody | Petition dismissed: § 2254 inapplicable because petitioner does not challenge custody under a state-court judgment |
| Whether a certificate of appealability (COA) and IFP status for appeal should issue | John implied entitlement to appeal the dismissal | No substantial showing of constitutional denial; appeal not in good faith | COA denied; in forma pauperis for appeal denied |
Key Cases Cited
- Estelle v. McGuire, 502 U.S. 62 (1991) (federal habeas review is limited to claims that a conviction or custody violate federal law)
- Coppedge v. United States, 369 U.S. 438 (1962) (standard for determining good-faith basis for appeal and IFP status)