Carson v. NYC Department of Correction

• Court: District Court, S.D. New York
• Decided: August 11, 2025
• Docket: 1:24-cv-10052
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK CARTEZ D. CARSON, Plaintiff, -against- 24-CV-10052 (LLS) N.Y.C. D.O.C.; DEPARTMENT OF ORDER TO AMEND CORRECTION; JOHN DOE #1; JOHN DOE #2, Defendants. LOUIS L. STANTON, United States District Judge: Plaintiff, who currently is civilly committed on Rikers Island, brings this action, pro se, under 42 U.S.C. § 1983, alleging that he never received a ballot to vote in the November 2024 presidential election. He names as Defendants the New York City Department of Correction (“DOC”) and two John Doe defendants. By order dated January 8, 2025, the Court granted Plaintiff’s request to proceed in forma pauperis (“IFP”), that is, without prepayment of fees.1 As set forth in this order, the Court grants Plaintiff 60 days leave to amend this complaint. STANDARD OF REVIEW The Court must dismiss a complaint, or portion thereof, 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 when 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,

1 Prisoners are not exempt from paying the full filing fee even when they have been granted permission to proceed IFP. See 28 U.S.C. § 1915(b)(1). 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. Rule 8 requires a complaint to 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 drawn from the complaint.2 On July 20, 2024, while detained on Rikers Island, Defendants never fulfilled Plaintiff’s request for a ballot to vote in the November 2024 presidential election. Plaintiff alleges that by “November 22, 2024[,] . . . after numerous attemp[t]s I asked my social service worker about the ballot and he said they would make sure the registration ballot gets delivered but still I wasn’t able to place my ballot.” (ECF 1, at 5.)

2 The Court quotes from the complaint verbatim. All spelling, grammar, and punctuation are as in the original unless noted otherwise. Plaintiff contends that “there seems to be some discrimination towards me because Im a gay man in the LGBTQ community.” (Id.) Plaintiff signed the complaint on November 22, 2024. He seeks money damages. DISCUSSION A. New York City Department of Correction As an initial matter, the Court dismisses the claims against the DOC because an agency

of the City of New York does not have the capacity to be sued. N.Y. City Charter ch. 17, § 396 (“[A]ll actions and proceedings for the recovery of penalties for the violation of any law shall be brought in the name of the city of New York and not in that of any agency, except where otherwise provided by law.”); Edwards v. Arocho, 125 F.4th 336, 354 (2d Cir. 2024) (“A plaintiff cannot bring a claim against a municipal agency that does not have the capacity to be sued under its municipal charter.” (emphasis in original)). The Court therefore dismisses Plaintiff’s claims against the DOC for failure to state a claim on which relief may be granted. See 28 U.S.C. § 1915(e)(2)(B)(ii). B. Municipal Policy At this stage, the Court declines to construe the complaint as asserting a claim against the

City of New York because, as discussed below, Plaintiff does not allege that he suffered a constitutional violation. Generally, when a plaintiff sues a municipality under 42 U.S.C. 1983, 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). To show a violation, the plaintiff must allege facts describing a municipal policy, custom, or practice that caused the violation of the plaintiff’s constitutional rights. See Jones v. Town of East Haven, 691 F.3d 72, 80 (2d Cir. 2012). Should Plaintiff file an amended complaint, he may name the City of New York and state facts suggesting that a New York City policy, custom, or practice caused him to suffer a constitutional injury. C. Voting Claim The Supreme Court has long recognized the right to vote as a “fundamental political

right, because [it is] preservative of all rights.” Yick Wo v. Hopkins, 118 U.S. 356, 370 (1886); see Reynolds v. Sims, 377 U.S. 533, 554 (1964) (“[T]he Constitution of the United States protects the right of all qualified citizens to vote, in state as well as in federal elections.”). Although Section 2 of the Fourteenth Amendment permits states to deny this right to people who have been convicted of felonies, see Richardson v. Ramirez, 418 U.S. 24, 54 (1974), the Equal Protection Clause guarantees a pretrial detainee’s right to vote, see O’Brien v. Skinner, 414 U.S. 524, 529-30 (1974). Where a pretrial detainee seeks access to the ballot box, the claim for relief is “not the right to vote . . . but a claimed right to receive absentee ballots.” McDonald v. Bd. of Election Comm'rs of Chicago, 394 U.S. 802, 807 (1969). Correctional staff must therefore provide

absentee ballots to pretrial detainees if a detained individual has no alternative means of voting. O’Brien, 414 U.S. at 529-30. Pretrial detainees can show that correctional staff impeded their ability to vote if staff failed to assist them in receiving an absentee ballot. See, e.g., Hall v. Stamm, No. 17-CV-0787 (JAM), 2017 WL 3401253, at *2 (D. Conn. Aug. 8, 2017) (finding that plaintiff plausibly alleged an equal protection claim where correctional staff laughed at pretrial detainee, who was an established eligible voter, when he sought assistance in voting); Long v. Pierce, No. 14-CV-0244 (LJM) (MJD), 2016 WL 912685, at *5 (S.D. Ind. 2016) (finding that a pretrial detainee can state an equal protection claim where the detainee requests from correctional staff an absentee ballot but staff fails to follow up). Plaintiff’s allegation, that he did not receive an absentee ballot while detained on Rikers Island, is insufficient to state a claim. Specifically, Plaintiff does not allege that he was eligible to vote in the November 2024 presidential election and that he had registered to vote at his domicile,3 or met the requirements for registration and sought assistance in getting registered. Moreover, he does not state enough facts describing his interactions with the social worker that

would suggest the social worker expressly denied Plaintiff access to an absentee ballot. The Court therefore grants Plaintiff leave to amend this claim. LEAVE TO AMEND GRANTED Plaintiff proceeds in this matter without the benefit of an attorney. District courts generally should grant a self-represented plaintiff an opportunity to amend a complaint to cure its defects, unless amendment would be futile. See Hill v. Curcione, 657 F.3d 116, 123-24 (2d Cir. 2011); Salahuddin v. Cuomo, 861 F.2d 40, 42 (2d Cir. 1988). Indeed, the Second Circuit has cautioned that district courts “should not dismiss [a pro se complaint] without granting leave to amend at least once when a liberal reading of the complaint gives any indication that a valid claim might be stated.” Cuoco v. Moritsugu, 222 F.3d 99, 112 (2d Cir. 2000) (quoting Gomez v.

USAA Fed. Sav. Bank, 171 F.3d 794, 795 (2d Cir. 1999)). Because Plaintiff may be able to allege additional facts to state a valid voting claim, the Court grants Plaintiff 60 days’ leave to amend his complaint to detail this claim. In an amended pleading, Plaintiff must include facts describing his specific interactions with the individuals named in the caption of the amended complaint and suggesting that correctional staff impeded his right, as an eligible voter, to access an absentee ballot. If Plaintiff

3 A domicile is defined as the place where an individual “has his true fixed home . . . and to which, whenever he is absent, he has the intention of returning.” Palazzo ex rel. Delmage v. Corio, 232 F.3d 38, 42 (2d Cir. 2000) (internal quotation marks and citation omitted). does not know the name of a defendant, he may refer to that individual as “John Doe” or “Jane Doe” in both the caption and the body of the amended complaint.* The naming of John Doe defendants, however, does not toll the three-year statute of limitations period governing this action and Plaintiff shall be responsible for ascertaining the true identity of any “John Doe” defendants and amending his complaint to include the identity of any “John Doe” defendants before the statute of limitations period expires.” In the “Statement of Claim” section of the amended complaint form, Plaintiff must provide a short and plain statement of the relevant facts supporting each claim against each defendant. If Plaintiff has an address for any named defendant, Plaintiff must provide it. Plaintiff should include all of the information in the amended complaint that Plaintiff wants the Court to consider in deciding whether the amended complaint states a claim for relief. That information should include: a) the names and titles of all relevant people; b) a description of all relevant events, including what each defendant did or failed to do, the approximate date and time of each event, and the general location where each event occurred; c) adescription of the injuries Plaintiff suffered; and d) the relief Plaintiff seeks, such as money damages, injunctive relief, or declaratory relief.

* For example, a defendant may be identified as: “Correction Officer John Doe #1 on duty July 20, 2024, at [name of facility], during the 7-3 p.m. shift.” > Should Plaintiff seek to add a new claim or party after the statute of limitations period has expired, he must meet the requirements of Rule 15(c) of the Federal Rules of Civil Procedure.

Essentially, Plaintiff’'s amended complaint should tell the Court: who violated his federally protected rights and how; when and where such violations occurred; and why Plaintiff is entitled to relief. Because Plaintiffs amended complaint will completely replace, not supplement, the original complaint, any facts or claims that Plaintiff wants to include from the original complaint must be repeated in the amended complaint. CONCLUSION 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 24-CV-10052 (LTS). 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: August 11, 2025 New York, New York Leis Le Staaten Louis L. Stanton U.S.D.J.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

CV. Write the full name of each plaintiff. (Include case number if one has been assigned) AMENDED against: COMPLAINT (Prisoner) Do you want a jury trial? 0mNd—MN L1Yes LINo

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.

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.

Rev. 5/20/16

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 ina “Bivens” action (against federal defendants). L] Violation of my federal constitutional rights L] Other: Il. 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 II. PRISONER STATUS Indicate below whether you are a prisoner or other confined person: L] Pretrial detainee L] Civilly committed detainee L] Immigration detainee L] Convicted and sentenced prisoner L] 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 #

County, City State Zip Code Defendant 3: First Name Last Name Shield #

County, City State Zip Code Defendant 4: First Name Last Name Shield #

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

Prison Address

County, City State Zip Code

Date on which I am delivering this complaint to prison authorities for mailing: