Archa v. The State of New York

CourtDistrict Court, N.D. New York
DecidedAugust 14, 2025
Docket9:24-cv-00677
StatusUnknown

This text of Archa v. The State of New York (Archa v. The State of New York) is published on Counsel Stack Legal Research, covering District Court, N.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Archa v. The State of New York, (N.D.N.Y. 2025).

Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK _________________________________________________________

RASHAWN ARCHA,

Plaintiff,

v. 9:24-CV-677 (FJS/ML) THE STATE OF NEW YORK; NYS DEPARTMENT OF CORRECTIONAL SERVICES THE WARDEN OF AUBURN CORRECTIONAL FACILITY; CORRECTION OFFICER GIBOO; CORRECTION OFFICER ROBERTS; CORRECTION OFFICER WEBBER; and CORRECTION OFFICERS JOHN DOE I-V,

Defendants. _________________________________________________________

APPEARANCES OF COUNSEL

GREENBERG & STEIN, PC JOHN KOUROUPAS, ESQ. 360 Lexington Avenue, Suite 1501 New York, New York 11361 Attorneys for Plaintiff

OFFICE OF THE NEW YORK ELIZABETH V. LOMBARDI, ESQ. STATE ATTORNEY GENERAL 300 South State Street, Suite 300 Syracuse, New York 13202 Attorneys for Defendants

SCULLIN, Senior Judge

MEMORANDUM-DECISION AND ORDER

I. INTRODUCTION

Plaintiff commenced this action pursuant to 42 U.S.C. § 1983 against Defendants seeking monetary damages. See Dkt. No. 1.1 Currently pending before the Court is a motion to dismiss

1 In the caption of the complaint, Plaintiff identified "NYS Department of Correctional Services The Warden of Auburn Correctional Facility" as a defendant. The New York State Department on behalf of Defendants the State of New York, NYS Department of Correctional Services, the Warden of Auburn C.F., and Giboo pursuant to Rules 12(b)(1), 12(b)(2), and 12(b)(6) of the Federal Rules of Civil Procedure.2 See Dkt. Nos. 9, 17. Plaintiff opposes Defendants' motion. See Dkt. No. 16.

II. BACKGROUND3 At all times relevant to the complaint, Plaintiff was incarcerated at Auburn Correctional Facility ("Auburn C.F."). See Complaint at ¶ 30. On June 1, 2022, at approximately 2:30 p.m., a search team entered Plaintiff's cell and demanded that Plaintiff "remove his bedsheet from his bed [and remove] his necklace and his glasses." See id. at ¶¶ 35-36. Plaintiff complied with the directives. See id. at ¶ 36. "[A]n officer" punched Plaintiff in the face and "multiple" officers "assaulted" him. See id. An officer put his hand in Plaintiff's "rear" and another officer "grab[bed]" Plaintiff by the hair and "bang[ed]" his head against the metal bed frame. See id. at ¶ 36. "A correction officer" placed his knee on Plaintiff's back while attempting to handcuff him.

See id. Plaintiff identified the "assaulting officers" as Giboo, Roberts and Webber. See id.

of Corrections and Community Supervision ("DOCCS") and the Warden of Auburn Correctional Facility are two separate entities. Thus, the Court will construe the complaint as asserting claims against both DOCCS and the Warden of Auburn Correctional Facility.

2 No affidavit of service has been filed as to Defendants Webber or Roberts, and, consequently, no appearance has been entered on their behalf. Plaintiff has not yet identified the Doe Defendants.

3 The facts are drawn from Plaintiff's complaint. For purposes of this motion, the Court assumes that all the facts in the complaint are true and draws all reasonable inferences in Plaintiff's favor. See EEOC v. port Auth., 768 F.3d 247, 253 (2d Cir. 2014) (citing ATSI Commc'ns, Inc. v. Shaar Fund, Ltd., 493 F.3d 87, 98 (2d Cir. 2007)). "Correction Officers" filed fabricated reports and failed to provide Plaintiff "with the proper medical treatment." See Complaint at ¶ 36. Plaintiff filed a PREA complaint "concerning the sexual acts of the officers." See id. Plaintiff was transferred to the Special Housing Unit ("SHU") and endured "harsh conditions." See id. Plaintiff requested medical treatment, but

"officer[s] lied and said that [Plaintiff] refused to seek further treatment." See id.

III. DISCUSSION Defendants move to dismiss Plaintiff's complaint for lack of subject matter jurisdiction under Rule 12(b)(1), lack of personal jurisdiction under Rule 12(b)(2), insufficient service of process under Rule 12(b)(5), and failure to state a claim under Rule 12(b)(6). See Dkt. Nos. 9, 17.

A. Legal Standards 1. Rule 12(b)(1)

"Dismissal for lack of subject matter jurisdiction is proper 'when the district court lacks the statutory or constitutional power to adjudicate' a case." Sokolowski v. Metro. Transp. Auth., 723 F.3d 187, 190 (2d Cir. 2013) (quoting Makarova v. United States, 201 F.3d 110, 113 (2d Cir. 2000)). A plaintiff who asserts subject matter jurisdiction "'has the burden of proving by a preponderance of the evidence that it exists.'" Tandon v. Captain's Cove Marina of Bridgeport, Inc., 752 F.3d 239, 243 (2d Cir. 2014) (quoting Makarova v. United States, 201 F.3d 110, 113 (2d Cir. 2000)). In resolving a motion to dismiss under Rule 12(b)(1), "'the court must take all facts alleged in the complaint as true and draw all reasonable inferences in favor of plaintiff.'" Nat. Res. Def. Council v. Johnson, 461 F.3d 164, 171 (2d Cir. 2006) (quoting Sweet v. Sheahan, 235 F.3d 80, 83 (2d Cir. 2000)). "Rule 12(b)(1) is the proper vehicle to raise justiciability (standing, mootness, and ripeness), as well as Eleventh Amendment immunity." New York State Rifle & Pistol Ass'n, Inc. v. James, No. 1:22-CV-907 (MAD/PJE), 2025 WL 553423, *2 (N.D.N.Y. Feb. 18, 2025) (citing 5B CHARLES ALAN WRIGHT & ARTHUR R. MILLER, Federal Practice

and Procedure § 1350 (4th ed.)).

2. Rules 12(b)(2) and 12(b)(5) "Rule 12(b)(2) 'permits a defendant to challenge a court's personal jurisdiction over it prior to the filing of an answer or the commencement of discovery.'" Finn v. New York, 3:22-CV- 721, 2022 WL 13802622, *5 (N.D.N.Y. Oct. 21, 2022), aff'd, 2023 WL 7013414 (2d Cir. 2023) (quotation omitted). "'Before a federal court may exercise personal jurisdiction over a defendant, the procedural requirement of service of summons must be satisfied.'" Yerdon v. Poitras, No. 1:21-CV-0565 (LEK/ML), 2022 WL 798271, *1 (N.D.N.Y. Mar. 16, 2022) (quotation omitted). Rule 12(b)(5) authorizes a defendant to move for pre-answer dismissal of a pleading for

insufficient service of process. See Fed. R. Civ. P. 12(b)(5). "When a defendant makes a Rule 12(b)(5) motion, it is the plaintiff's burden of proof to establish its service of process was adequate." Hertzner v. U.S. Postal Serv., No. 05-cv-2371 (DRH) (ARL), 2007 WL 869585, *3 (E.D.N.Y. Mar. 20, 2007) (citation omitted). "[I]n considering a motion to dismiss pursuant to 12(b)(5) for insufficiency of process, a Court must look to matters outside the complaint to determine whether it has jurisdiction." Darden v. DaimlerChrysler N. Am. Holding Corp., 191 F. Supp. 2d 382, 387 (S.D.N.Y. 2002). As is relevant in this case, "where 'a court relies on pleadings and affidavits, rather than having a "full-blown evidentiary hearing," the plaintiff need only make a prima facie showing that the court possesses personal jurisdiction over the defendant.'" Traver v. Officine Meccaniche Toshci SpA, 233 F. Supp. 2d 404, 408 (N.D.N.Y. 2002) (quoting [United Computer Capital Corp. v. Secure Prods., L.P., 218 F. Supp. 2d 273, 277 (N.D.N.Y. 2002)] (citation omitted)). In considering a motion to dismiss for lack of personal jurisdiction over a defendant, the court must

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Arar v. Ashcroft
585 F.3d 559 (Second Circuit, 2009)
Selevan v. New York Thruway Authority
584 F.3d 82 (Second Circuit, 2009)
Holmes v. Grubman
568 F.3d 329 (Second Circuit, 2009)
Wolff v. McDonnell
418 U.S. 539 (Supreme Court, 1974)
Whitley v. Albers
475 U.S. 312 (Supreme Court, 1986)
Hudson v. McMillian
503 U.S. 1 (Supreme Court, 1992)
Sandin v. Conner
515 U.S. 472 (Supreme Court, 1995)
Swierkiewicz v. Sorema N. A.
534 U.S. 506 (Supreme Court, 2002)
Bell Atlantic Corp. v. Twombly
550 U.S. 544 (Supreme Court, 2007)
Ashcroft v. Iqbal
556 U.S. 662 (Supreme Court, 2009)
Arthur Hollander v. American Cyanamid Co.
895 F.2d 80 (Second Circuit, 1990)
Moffitt v. Town Of Brookfield
950 F.2d 880 (Second Circuit, 1991)
Hill v. Curcione
657 F.3d 116 (Second Circuit, 2011)
Hathaway v. Coughlin
99 F.3d 550 (Second Circuit, 1996)
Natalia Makarova v. United States
201 F.3d 110 (Second Circuit, 2000)
J.S. v. T'Kach
714 F.3d 99 (Second Circuit, 2013)

Cite This Page — Counsel Stack

Bluebook (online)
Archa v. The State of New York, Counsel Stack Legal Research, https://law.counselstack.com/opinion/archa-v-the-state-of-new-york-nynd-2025.