474 F. App'x 788
2d Cir.2012Background
- LaMagna, proceeding pro se, sues Warden Brown under 42 U.S.C. § 1983 for a sexual assault at Eastern Correctional Facility.
- District court dismissed the complaint, and later dismissed an amended complaint for lack of personal involvement by the appellee.
- Appellate review is de novo for Rule 12(b)(6) dismissals, with pleading standards from Twombly and Iqbal.
- Amended allegations claimed employees left a security gate unlocked and a supervising civilian was inattentive; no specific personal involvement by the appellee was pled.
- LaMagna asserted a duty to prevent sexual assaults and alleged deliberate indifference, but the district court found these conclusory and lacking factual support.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there personal involvement by the appellee for §1983 liability? | LaMagna contends supervisor liability exists. | Supervisory authority alone is insufficient. | No, personal involvement required; insufficient pleadings. |
| Did LaMagna waive objections to the magistrate judge’s report? | LaMagna did not object and thus waived review. | Failure to object results in waiver. | Waiver applied; review limited. |
| Did amended complaint sufficiently plead a constitutional violation? | Allegations show duty and indifference. | Allegations insufficient to show personal involvement or deliberate indifference. | Insufficient factual support; district court correct. |
Key Cases Cited
- Frank v. Johnson, 968 F.2d 298 (2d Cir. 1992) (waiver of review for failure to object to report and recommendation)
- Spence v. Superintendent, 219 F.3d 162 (2d Cir. 2000) (waiver principle applied to appellate review)
- Farid v. Ellen, 593 F.3d 233 (2d Cir. 2010) (personal involvement required for §1983 damages)
- Farrell v. Burke, 449 F.3d 470 (2d Cir. 2006) (supervisory liability alone insufficient)
- Iqbal, 556 U.S. 662 (S. Ct. 2009) (plausibility standard; legal conclusions not accepted as true)
- Colon v. Coughlin, 58 F.3d 865 (2d Cir. 1995) (supervisor liability not implied by failure to remedy wrong)
- Triestman v. Fed. Bureau of Prisons, 470 F.3d 471 (2d Cir. 2006) (read pro se pleadings with special solicitude)
- Kirch v. Liberty Media Corp., 449 F.3d 388 (2d Cir. 2006) (conclusory allegations insufficient to defeat dismissal)