Lopez v. Annucci

690 F. App'x 56
Court of Appeals for the Second Circuit·Decided May 9, 2017·No. 16-54·Published·Cited by 4 cases

Opinion

SUMMARY ORDER

Plaintiff-appellant Orlando Lopez appeals from a judgment of the district court entered December 4,2015. By decision and order filed December 3, 2015, the court dismissed sua sponte and with prejudice plaintiffs complaint as barred by the statute of limitations.1 We.assume the parties’ familiarity with the underlying facts, procedural history, and issues on appeal.

In July 2010, plaintiff filed, pro se, the first version of his complaint in a prior and related case in the district court and named the New York State Office of Mental Health and the New York State Department of Corrections as defendants. The complaint raised claims under 42 U.S.C. § 1983 and alleged that plaintiff received improper medical treatment while incarcerated at the Elmira Correctional Facility in Elmira, New York. Plaintiff asserted that defendants prescribed him anti-psychotic medication in 2008 or 2009 that, in combination with their failure to monitor his health, caused him to fall into a coma on January 15, 2009, and to later develop diabetes.

In August 2010, plaintiff filed, pro se, an amended complaint against Elmira Correctional Facility, its superintendent, and Dr. William Goodman, and clarified that it was Dr. Goodman who prescribed him medication and failed to monitor his health. The district court (Larimer, J.) dismissed the Elmira Correctional Facility and its superintendent as defendants on the grounds of immunity and failure to state a claim, leaving Dr. Goodman as the sole defendant in the case. Plaintiff served Dr. Goodman in September 2010.

In June 2013, the district court (Siragu-sa, [58]*58J.2 dismissed plaintiffs claims without prejudice for failure to exhaust administrative remedies under 42 U.S.C. § 1997e(a) and entered judgment against plaintiff. Plaintiff then filed a claim with the Inmate Grievance Review Committee in July 2013. Plaintiff also filed two motions for reconsideration with the district court, which denied the first motion in September 2013 and the second in November 2013. In January 2014, the Central Office Review Committee denied the administrative claim as untimely.

In August 2014, plaintiff filed, pro se, a second amended complaint that (1) raised essentially the same claims, (2) asserted new claims alleging that facility employees were not properly trained or equipped to monitor inmate health and provide followup care after changing inmate medication, and (3) included information on the denial of his administrative claim. Because the case had already been closed, the district court directed the Clerk of Court to re-file the second amended complaint as an original complaint in a new action.

The instant action was initiated in September 2014 with the re-filing of the complaint. In its April 2015 decision and order granting plaintiff leave to proceed in for-ma pauperis, the district court determined that the complaint “raise[d] clear statute of limitations issues” and directed plaintiff to submit a written response explaining why the action should riot be dismissed as untimely. App. at 21-22. Plaintiff submitted a letter asserting that (1) he had, in fact, submitted his claims before the expiration of the limitations period, (2) the limitations issue had not been raised before, and (3) he had exhausted his administrative remedies as instructed by the court. In the letter, plaintiff also asserted other allegations of retaliatory actions and complained of his lack of access to a law library.

By decision and order filed December 3, 2015, the district court dismissed plaintiffs claims with prejudice as time-barred after concluding that (1) he had not alleged a justification for his failure to exhaust administrative remedies before the end of the limitations period, and (2) there was no alternative basis for equitable tolling because his claims would be untimely even if the limitations period were tolled for the one-month period of his hospitalization.

On appeal, plaintiff argues, inter alia and through counsel, that the court improperly dismissed his claims as untimely without considering whether, as a pro se litigant, he alleged ongoing misconduct under the continuing violation doctrine. We agree.

“We review de novo a district court’s dismissal of complaints under 28 U.S.C. §§ 1915A and 1915(e)(2)(B),” McEachin v. McGuinnis, 357 F.3d 197, 200 (2d Cir. 2004), the statutory provisions governing the dismissal of actions initiated by inmate-plaintiffs. “We accept as true all facts described in the complaint but need not accept ‘conclusory allegations or legal conclusions couched as factual [ ] allegations,’” Milan v. Wertheimer, 808 F.3d 961, 963 (2d Cir. 2015) (per curiam) (alteration in original) (quoting Nielsen v. Rabin, 746 F.3d 58, 62 (2d Cir. 2014)). Because the plaintiff in this case filed a pro se complaint, we also “must liberally construe his pleadings, and must interpret his complaint to raise the strongest arguments it suggests.” Abbas v. Dixon, 480 F.3d 636, 639 (2d Cir. 2007).

The continuing violation doctrine allows a plaintiff to challenge acts of misconduct occurring outside the statute of limitations period if at least one act of. the ongoing misconduct occurred within the limitations [59]*59period. Shomo v. City of N.Y., 579 F.3d 176, 181-82 (2d Cir. 2009). In the context of an Eighth Amendment claim of deliberate indifference to medical needs, a plaintiff asserting “a continuing violation for statute of limitations purposes ... must ‘allege both the existence of an ongoing policy of [deliberate indifference to his or her serious medical needs] and some non-time-barred acts taken in furtherance of that policy.’ ” Id. at 182 (alteration in original) (quoting Harris v. City of N.Y., 186 F.3d 243, 250 (2d Cir. 1999)). The purpose of these requirements is to “screen[] out Eighth Amendment claims that challenge discrete acts of unconstitutional conduct or that fail to allege acts within the relevant statutory period that are traceable to a policy of deliberate indifference.” Id.

Here, the district court concluded that plaintiffs claims were barred by the statute of limitations without assessing whether his complaint alleged a continuing failure to monitor inmate health and provide follow-up care after changes in medication. The pro se complaint, read broadly, should have been construed as alleging an ongoing policy of deliberate indifference to serious medical needs. See id. (describing the first requirement under the continuing violation doctrine); Abbas, 480 F.3d at 639 (requiring liberal construction of pro se complaints).

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

Lopez v. Annucci, 690 F. App'x 56 (2d Cir. 2017).

690 F. App'x 56 (Lopez v. Annucci) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Adon v. City of New York
S.D. New York, 2025
Wallace v. Dinello
N.D. New York, 2025
Raynor v. Maldonado
D. Connecticut, 2024
Elleby v. Doe(s)
S.D. New York, 2019