Opinion
20-CV-8690 (LLS)
12-04-2020
TYRONE MASSEY, Plaintiff, v. JEAN GRANDOIT; CITY OF NEW YORK, Defendants.
ORDER TO AMEND :
Plaintiff, currently incarcerated in the Manhattan Detention Complaint (MDC), bring this pro se complaint under 42 U.S.C. § 1983. By order dated December 3, 2020, the Court granted Plaintiff's request to proceed in forma pauperis (IFP). For the reasons set forth below, the Court grants Plaintiff leave to file an amended complaint within sixty days of the date of this order.
STANDARD OF REVIEW
The Prison Litigation Reform Act requires that federal courts screen complaints brought by prisoners who seek relief against a governmental entity or an officer or employee of a governmental entity. See 28 U.S.C. § 1915A(a). The Court must dismiss a prisoner's in forma pauperis complaint, or any portion of the complaint, that is frivolous or malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief from a defendant who is immune from such relief. 28 U.S.C. §§ 1915(e)(2)(B), 1915A(b); see Abbas v. Dixon, 480 F.3d 636, 639 (2d Cir. 2007). The Court must also dismiss a complaint if the court lacks subject matter jurisdiction. See Fed. R. Civ. P. 12(h)(3).
While the law mandates dismissal on any of these grounds, the Court is obliged to construe pro se pleadings liberally, Harris v. Mills, 572 F.3d 66, 72 (2d Cir. 2009), and interpret them to raise the "strongest [claims] that they suggest," Triestman v. Fed. Bureau of Prisons, 470 F.3d 471, 474 (2d Cir. 2006) (internal quotation marks and citations omitted) (emphasis in original). But the "special solicitude" in pro se cases, id. at 475 (citation omitted), has its limits - to state a claim, pro se pleadings still must comply with Rule 8 of the Federal Rules of Civil Procedure, which requires a complaint to make a short and plain statement showing that the pleader is entitled to relief.
The Supreme Court has held that under Rule 8, a complaint must include enough facts to state a claim for relief "that is plausible on its face." Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007). A claim is facially plausible if the plaintiff pleads enough factual detail to allow the Court to draw the inference that the defendant is liable for the alleged misconduct. In reviewing the complaint, the Court must accept all well-pleaded factual allegations as true. Ashcroft v. Iqbal, 556 U.S. 662, 678-79 (2009). But it does not have to accept as true "[t]hreadbare recitals of the elements of a cause of action," which are essentially just legal conclusions. Twombly, 550 U.S. at 555. After separating legal conclusions from well-pleaded factual allegations, the Court must determine whether those facts make it plausible - not merely possible - that the pleader is entitled to relief. Id.
BACKGROUND
The following facts are from Plaintiff Tyrone Massey's complaint. On an unspecified date during Plaintiff's detention at MDC, Plaintiff had "head/chest pains, coughing, wheezing of lungs, and [was] coughing up black soot." (ECF 2 at 4.) Plaintiff also had "burning/irritated eyes." (Id.) Plaintiff was "given asthma treatment, albuterol sulfate nebulization, and prednisone x5 days," (id. at 5), but it is unclear who provided this treatment or when he received it.
On April 20, 2018, Plaintiff "told Jean Grandoit (PA) that [he] had a problem with the medical personnel at [the] hospital and NYC DOC officers that w[ere] escorting [him] at [the] hospital." (Id.) Grandoit, who is a physician's assistant at MDC, responded that this was because Plaintiff "was an asshole that always cause[d] trouble and always want[s] to come to [the] clinic." (Id.)
Plaintiff asserts a claim against Grandoit for deliberate indifference to Plaintiff's serious medical needs in violation of the Eighth Amendment, and against the City of New York for its failure "to adequately train or supervise Jean Grandoit." (Id. at 5.) Plaintiff further alleges that DOC employees have denied him medical services "for years" and that he constantly fears for his life. (Id.) Plaintiff sues Grandoit and the City of New York, seeking damages and injunctive relief directing Defendants to provide appropriate medical care.
Plaintiff has pending suits alleging that he was denied constitutionally adequate medical care. See, e.g., Massey v. Smart, ECF 1:20-CV-09719, 2 (AJN) (S.D.N.Y.); Massey v. Hernandez, ECF 1:20-CV-8633, 2 (GHW) (S.D.N.Y.); Massey v. Health & Hosps. Corp., ECF 1:20-CV-8828, 2 (ALC) (S.D.N.Y.); Massey v. Bolanos, ECF 1:20-CV-8592, 2 (LGS) (S.D.N.Y.); Massey v. Holder, ECF 1:20-CV-8067, 2 (RA) (OTW) (S.D.N.Y.)Massey v. Michele, ECF 1:20-CV-07621, 2 (AT) (KNF) (S.D.N.Y.); Massey v. City of New York, ECF 1:20-CV-07617, 2 (ALC) (S.D.N.Y.); Massey v. City of New York, ECF 1:20-CV-5665, 2 (GBD) (DCF) (S.D.N.Y.); Massey v. Sapp, ECF 1:19-CV-11902, 35 (GBD) (KNF) (S.D.N.Y.); Massey v. Morgan, ECF 1:18-CV-3994, 2 (ALC) (KHP) (S.D.N.Y.).
DISCUSSION
A. Deliberate Indifference to Serious Medical Needs
Plaintiff alleges that he was a pretrial detainee during the events giving rise to his claims. (ECF 2 at 2.) As such, his claims that Defendants were deliberately indifferent to his serious medical needs arise under the Fourteenth Amendment, rather than the Eighth Amendment. See Darnell v. Pineiro, 849 F.3d 17, 29 (2d Cir. 2017); see also Charles v. Orange Cty., 925 F.3d 73, 87 (2d Cir. 2019) ("Although Darnell did not specifically address medical treatment, the same principle [applying to claims challenging unconstitutional conditions of confinement] applies" to claims for deliberate indifference to serious medical needs).
To state a claim for deliberate indifference under the Fourteenth Amendment's Due Process Clause, a plaintiff must satisfy two elements: (1) an "objective" element, which requires a showing that the challenged conditions are sufficiently serious, and (2) a "mental" element, which requires a showing that the officer acted with at least deliberate indifference to the challenged conditions. Id. The objective element requires a plaintiff to show that "the conditions, either alone or in combination, pose an unreasonable risk of serious damage to his health" or safety, which "includes the risk of serious damage to 'physical and mental soundness.'" Id. at 30 (quoting LaReau v. MacDougall, 473 F.2d 974, 978 (2d Cir. 1972)).
The mental element requires a showing "that the defendant-official acted intentionally to impose the alleged condition, or recklessly failed to act with reasonable care to mitigate the risk that the condition posed to the pretrial detainee even though the defendant-official knew, or should have known, that the condition posed an excessive risk to health or safety." Id. at 35.
Here, Plaintiff alleges that he suffered from what appear to be serious medical issues (head and chest pain and aggravation of his asthma) and that correction officials took him to a hospital outside MDC for treatment. (ECF 2 at 4.) It is unclear, however, what Defendant Jean Grandoit did or failed to do that violated Plaintiff's rights. Plaintiff does not allege whether he sought medical care from Grandoit at MDC, and, if so, when he did so; the status of Plaintiff's medical condition when he sought care; or Grandoit's response to Plaintiff's request for medical care. Plaintiff therefore fails to state a claim against Defendant Grandoit for deliberate indifference to Plaintiff's serious medical needs in violation of the Due Process Clause.
Plaintiff does allege that Grandoit was unsympathetic to Plaintiff's concerns, when Plaintiff described the inadequate attention that he had received at the hospital and from his DOC escort to the hospital. (ECF 2 at 4.) But verbal abuse alone, without injury or damage, does not amount to a constitutional deprivation. See Purcell v. Coughlin, 790 F.2d 263, 265 (2d Cir. 1986) (holding that name-calling without " any appreciable injury" is not a constitutional violation); Shabazz v. Pico, 994 F. Supp. 460, 474 (S.D.N.Y. 1998) ("[V]erbal harassment or profanity alone, 'unaccompanied by any injury, no matter how inappropriate, unprofessional or reprehensible it might seem,' does not constitute the violation of any federally protected right and therefore is not actionable under 42 U.S. C. § 1983.") (citation omitted).
B. City of New York
When a plaintiff sues a municipality under § 1983, it is not enough for the plaintiff to allege that one of the municipality's employees or agents engaged in some wrongdoing. The plaintiff must show that the municipality itself caused the violation of the plaintiff's rights. See Connick v. Thompson, 563 U.S. 51, 60 (2011) ("A municipality or other local government may be liable under this section [1983] if the governmental body itself 'subjects' a person to a deprivation of rights or 'causes' a person 'to be subjected' to such deprivation.") (quoting Monell v. Dep't of Soc. Servs. of City of New York, 436 U.S. 658, 692 (1978)); Cash v. Cnty. of Erie, 654 F.3d 324, 333 (2d Cir. 2011). In other words, to state a § 1983 claim against a municipality, the plaintiff must allege facts showing (1) the existence of a municipal policy, custom, or practice, and (2) that the policy, custom, or practice caused the violation of the plaintiff's constitutional rights. See Bd. of Cnty. Comm'rs of Bryan Cnty. v. Brown, 520 U.S. 397, 403 (1997) (internal citations omitted); Jones v. Town of East Haven, 691 F.3d 72, 80 (2d Cir. 2012).
Plaintiff alleges that the City of New York "has failed "to adequately train or supervise Jean Grandoit." (ECF 2 at 4.) But "the simple recitation that there was a failure to train municipal employees does not suffice to allege that a municipal custom or policy caused the plaintiff's injury." Dwares v. City of New York, 985 F.2d 94, 100 (2d Cir.1993), overruled on other grounds by Leatherman v. Tarrant Cnty. Narcotics Intelligence & Coordination Unit, 507 U.S. 163 (1993).
Plaintiff further alleges that unspecified DOC employees have denied him medical services "for years" (ECF 4 at 2), but he does not plead any facts showing how the municipality itself caused or is responsible for a violation of his rights. Plaintiff's complaint, as presently pleaded, therefore fails to state a claim under § 1983 against the City of New York.
LEAVE TO AMEND
Plaintiff is granted leave to amend his complaint to detail his claims. In the statement of claim, Plaintiff must provide a short and plain statement of the relevant facts supporting each claim against each defendant named in the amended complaint. Plaintiff is also directed to provide the addresses for any named defendants. To the greatest extent possible, Plaintiff's amended complaint must:
a) give the names and titles of all relevant persons;
b) describe all relevant events, stating the facts that support Plaintiff's case including what each defendant did or failed to do;
c) give the dates and times of each relevant event or, if not known, the approximate date and time of each relevant event;
d) give the location where each relevant event occurred;
e) describe how each defendant's acts or omissions violated Plaintiff's rights and describe the injuries Plaintiff suffered; and
f) state what relief Plaintiff seeks from the Court, such as money damages, injunctive relief, or declaratory relief.
Essentially, the body of Plaintiff's amended complaint must tell the Court: who violated his federally protected rights; what facts show that his federally protected rights were violated; when such violation occurred; where such violation occurred; and why Plaintiff is entitled to relief. Because Plaintiff's amended complaint will completely replace, not supplement, the original complaint, any facts or claims that Plaintiff wishes to maintain must be included in the amended complaint.
CONCLUSION
The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. Plaintiff is granted leave to file an amended complaint that complies with the standards set forth above. Plaintiff must submit the amended complaint to this Court's Pro Se Intake Unit within sixty days of the date of this order, caption the document as an "Amended Complaint," and label the document with docket number 20-CV-8690 (LLS). An Amended Civil Rights Complaint form is attached to this order. No summons will issue at this time. If Plaintiff fails to comply within the time allowed, and he cannot show good cause to excuse such failure, the complaint will be dismissed for failure to state a claim upon which relief may be granted. SO ORDERED. Dated: December 4, 2020
New York, New York
/s/_________
Louis L. Stanton
U.S.D.J. __________ Write the full name of each plaintiff. -against- __________ Write the full name of each defendant. If you cannot fit the names of all of the defendants in the space provided, please write "see attached" in the space above and attach an additional sheet of paper with the full list of names. The names listed above must be identical to those contained in Section IV. ___CV__________
(Include case number if one has been assigned) AMENDED COMPLAINT
(Prisoner) Do you want a jury trial?
[ ] Yes [ ] No
NOTICE
The public can access electronic court files. For privacy and security reasons, papers filed with the court should therefore not contain: an individual's full social security number or full birth date; the full name of a person known to be a minor; or a complete financial account number. A filing may include only: the last four digits of a social security number; the year of an individual's birth; a minor's initials; and the last four digits of a financial account number. See Federal Rule of Civil Procedure 5.2.
I. LEGAL BASIS FOR CLAIM
State below the federal legal basis for your claim, if known. This form is designed primarily for prisoners challenging the constitutionality of their conditions of confinement; those claims are often brought under 42 U.S.C. § 1983 (against state, county, or municipal defendants) or in a "Bivens" action (against federal defendants). [ ] Violation of my federal constitutional rights [ ] Other: __________
II. PLAINTIFF INFORMATION
Each plaintiff must provide the following information. Attach additional pages if necessary. __________
First Name __________
Middle Initial __________
Last Name __________ State any other names (or different forms of your name) you have ever used, including any name you have used in previously filing a lawsuit. __________ Prisoner ID # (if you have previously been in another agency's custody, please specify each agency and the ID number (such as your DIN or NYSID) under which you were held) __________
Current Place of Detention __________
Institutional Address __________
County, City __________
State __________
Zip Code
III. PRISONER STATUS
Indicate below whether you are a prisoner or other confined person: [ ] Pretrial detainee [ ] Civilly committed detainee [ ] Immigration detainee [ ] Convicted and sentenced prisoner [ ] Other: __________
IV. DEFENDANT INFORMATION
To the best of your ability, provide the following information for each defendant. If the correct information is not provided, it could delay or prevent service of the complaint on the defendant. Make sure that the defendants listed below are identical to those listed in the caption. Attach additional pages as necessary. Defendant 1:
__________
First Name
__________
Last Name
__________
Shield #
__________
Current Job Title (or other identifying information)
__________
Current Work Address
__________
County, City
__________
State
__________
Zip Code Defendant 2:
__________
First Name
__________
Last Name
__________
Shield #
__________
Current Job Title (or other identifying information)
__________
Current Work Address
__________
County, City
__________
State
__________
Zip Code Defendant 3:
__________
First Name
__________
Last Name
__________
Shield #
__________
Current Job Title (or other identifying information)
__________
Current Work Address
__________
County, City
__________
State
__________
Zip Code Defendant 4:
__________
First Name
__________
Last Name
__________
Shield #
__________
Current Job Title (or other identifying information)
__________
Current Work Address
__________
County, City
__________
State
__________
Zip Code
V. STATEMENT OF CLAIM
Place(s) of occurrence: __________ Date(s) of occurrence: __________
FACTS:
State here briefly the FACTS that support your case. Describe what happened, how you were harmed, and how each defendant was personally involved in the alleged wrongful actions. Attach additional pages as necessary. __________
INJURIES:
If you were injured as a result of these actions, describe your injuries and what medical treatment, if any, you required and received. __________
VI. RELIEF
State briefly what money damages or other relief you want the court to order. __________
VII. PLAINTIFF'S CERTIFICATION AND WARNINGS
By signing below, I certify to the best of my knowledge, information, and belief that: (1) the complaint is not being presented for an improper purpose (such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation); (2) the claims are supported by existing law or by a nonfrivolous argument to change existing law; (3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery; and (4) the complaint otherwise complies with the requirements of Federal Rule of Civil Procedure 11. I understand that if I file three or more cases while I am a prisoner that are dismissed as frivolous, malicious, or for failure to state a claim, I may be denied in forma pauperis status in future cases. I also understand that prisoners must exhaust administrative procedures before filing an action in federal court about prison conditions, 42 U.S.C. § 1997e(a), and that my case may be dismissed if I have not exhausted administrative remedies as required. I agree to provide the Clerk's Office with any changes to my address. I understand that my failure to keep a current address on file with the Clerk's Office may result in the dismissal of my case. Each Plaintiff must sign and date the complaint. Attach additional pages if necessary. If seeking to proceed without prepayment of fees, each plaintiff must also submit an IFP application. __________
Dated
__________
Plaintiff's Signature __________
First Name __________
Middle Initial __________
Last Name __________
Prison Address __________
County, City __________
State __________
Zip Code Date on which I am delivering this complaint to prison authorities for mailing: __________