Slade v. City of New York

CourtDistrict Court, S.D. New York
DecidedSeptember 5, 2024
Docket1:24-cv-00514
StatusUnknown

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

Bluebook
Slade v. City of New York, (S.D.N.Y. 2024).

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK RICCO DEVON SLADE, Plaintiff, 24-CV-0514 (LTS) -against- PARTIAL TRANSFER ORDER AND ORDER TO AMEND CITY OF NEW YORK, ET AL., Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: Plaintiff, who is currently incarcerated at Elmira Correctional Facility, filed this pro se action under 42 U.S.C. § 1983, while he was detained at the Otis Bantum Correctional Center on Rikers Island. He names as defendants the City of New York and various entities and individuals involved with his arrest, criminal proceedings, detention at Rikers Island, and hospitalization at Bellevue Hospital. By order dated February 16, 2024, the Court granted Plaintiff’s request to proceed in forma pauperis (“IFP”), that is, without prepayment of fees.1 For the reasons set forth below, the Court severs Plaintiff’s claims arising in Queens, New York, and transfers them to the United States District Court for the Eastern District of New York, and grants Plaintiff 60 days’ leave to file an amended complaint with respect to his claims arising at Rikers Island and Bellevue Hospital. 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 IFP

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). 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. BACKGROUND Plaintiff brings this action alleging that Defendants violated his rights under the First,

Fourth, Sixth, Eighth, and Fourteenth Amendments in connection with his arrest, criminal proceedings, and detention. Named as defendants are: (1) the City of New York; (2) New York City Police Department (“NYPD”); (3) New York City Department of Correction (“DOC”)2; (4) NYC Health & Hospitals (“H+H”); (5) Queens Defenders; (6) John Doe Detective # 1, Robbery Division; (7) John Doe Detective # 2, Robbery Division; (8) Peter Barta, Public Defender; and (9) Ms. Aggawal, “OM Doctor” at Bellevue Hospital. Plaintiff seeks money damages.

2 Plaintiff refers to this defendant as “NYCD.” (ECF 1, at 1.) The following allegations are taken from the complaint. On December 28, 2022, Plaintiff was arrested for robbery by police officers from the NYPD-110th Precinct in Queens, New York. After the arrest, Plaintiff was interrogated at the 110th Precinct without being read his Miranda rights and without an attorney. Plaintiff remained at the 110th Precinct in a bullpen overnight and

was taken to court the next day. While being processed, Plaintiff was asked about his mental health, and he admitted to “having a mental health history but let the person conducting the evaluation know that [he] wasn’t currently symptomatic.”3 (ECF 1, at 6.) Plaintiff was taken back to the police precinct, but later returned to court and was introduced to his first attorney, who informed him that there was evidence with Plaintiff’s DNA on it. Because Plaintiff could not afford to post bail, he was taken to Rikers Island. On January 9, 2023, while he was detained at Rikers Island, Plaintiff was slashed in front of a correction officer and received 16 stitches for his injury.4 Four days later, on January 13, 2023, Plaintiff tested positive for Covid-19.5 Plaintiff was quarantined, and his court dates had to be rescheduled. While he was in quarantine Plaintiff, who is a “registered Baha’i,” requested to see the chaplain, because he was “obligated to fast every March, between the 2nd-20th, or for 19

days.” (Id. at 7.) He spoke to the “Jewish Chaplain,” and “gave him everything he need to get in

3 The Court quotes from the complaint verbatim. All spelling, punctuation, and grammar are as in the original unless otherwise indicated. 4 Plaintiff does not bring claims with respect to that alleged slashing incident in this action. He alleges that he presently has an attorney “handling that suit on [his] behalf.” (ECF 1, at 7.) 5 Plaintiff previously filed an action in this court in which he asserted that he received inadequate medical care after he tested positive for Covid-19. See Slade v. Corr. Health John Doe, No. 23-CV-1419 (LTS) (S.D.N.Y. Apr. 25, 2023). After Plaintiff was granted 60 days’ leave to amend his complaint, he voluntarily withdrew the action. See ECF 1:23-CV-1419, 10. touch with [his] National Spiritual Assembly.” (Id. at 8.) Plaintiff asserts that “[t]he facility did not recognize [his] religion so they didn’t accommodate [him] on his fast.” (Id.) On January 30, 2023, Plaintiff was arraigned, and his next court date was set for March 1, 2023. On that date, Plaintiff’s attorney informed him that they were waiting for the District

Attorney (“DA”) to submit a “certificate of compliance, and if the document was not submitted, there was a chance that he would go home. (Id.) By the next court date, Plaintiff’s case had been transferred to a new attorney, Defendant Peter Barta, who informed him that the DA had filed the certificate and now there were 600 pieces of evidence with Plaintiff’s DNA. Barta told Plaintiff that his case was “not triable,” and that the DA’s first offer was “15 to life.” (Id.) Plaintiff was “devastated” and became “paranoid” and “scared” about the possibility of spending the rest of his life in prison, and he agreed to get a psychiatric evaluation. (Id. at 9.) He consulted with a Forensic Psychologist a few times via video conference and once in person. Plaintiff asserts the following: [i]t was a very agitating experience and everyone started suggesting that I take medication, even though I feel competent without it. You sending me to prison for the rest of my life and you want me to be a victim doped up on psych meds? How am I going to safeguard myself? (Id.) On November 1, 2023, Plaintiff was taken to Bellevue Hospital and admitted to the psychiatric unit. His assigned doctor, Dr.

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Bluebook (online)
Slade v. City of New York, Counsel Stack Legal Research, https://law.counselstack.com/opinion/slade-v-city-of-new-york-nysd-2024.