Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

WRIGHT v. NUNEZ

December 9, 1996

COREY WRIGHT, Plaintiff, against C.O. NUNEZ, et al., Defendants.


The opinion of the court was delivered by: PECK

 ANDREW J. PECK, United States Magistrate Judge:

 To the Honorable John S. Martin, United States District Judge:

 For the reasons set forth below, I recommend that the Court sua sponte dismiss pro se plaintiff Corey Wright's claims against Warden James Kane and N.Y.C. Correctional Department Commissioner W. Jacobson for failure to state a claim on which relief may be granted, pursuant to the Prison Litigation Reform Act.

 FACTS

 The complaint alleges that on November 24, 1995, other inmates beat and stabbed Wright while he was in his cell. He alleges that the attack "may have been averted" if defendant Corrections Officer Nunez had been at his post. The complaint further alleges that Corrections Captain Matos disregarded his wounds and had him taken to the bullpen instead of directly to the hospital. Plaintiff also alleges that Captain Matos is liable as defendant Nunez's supervisor. The complaint seeks to have the Court "find James Kane, Warden (C-95) liable for being the direct supervisor of both C.O. Nunez and Capt. Matos [and] find W. Jacobson, Commissioner liable as being the overall supervisor of C.O. Nunez, Capt. Matos and Warden Kane." (Cplt. P V.)

 The complaint was received by the Court's Pro Se Office on September 4, 1996. See Toliver v. County of Sullivan, 841 F.2d 41, 42 (2d Cir. 1988) (pro se complaint deemed filed when received by the pro se office); McCray v. Kralik, 1996 U.S. Dist. LEXIS 9474, 96 Civ. 3891, 1996 WL 378273 at *2 (S.D.N.Y. July 1, 1996) (Peck, M.J.) (same).

 ANALYSIS

 The Prison Litigation Reform Act (the "PLRA" or the "Act"), which was signed into law by President Clinton on April 29, 1996, significantly altered a prisoner's right to bring civil actions in forma pauperis. The PLRA amended 28 U.S.C. § 1915 to require the Court sua sponte to dismiss the case at any time if the action or any claim "fails to state a claim on which relief may be granted." 28 U.S.C. § 1915(e) (as amended); see also 28 U.S.C. § 1915A.

 It is black letter law that a supervisor who is not directly involved in the alleged deprivation of constitutional rights cannot be found liable in a § 1983 action absent circumstances not alleged here. As this Court has previously held:

 
"In order to maintain a cause of action against any official, a plaintiff must show that the defendant was personally involved in the alleged deprivation of his constitutional rights, since the doctrine of respondeat superior does not apply to § 1983 actions." Zamakshari v. Dvoskin, 899 F. Supp. 1097, 1109 (S.D.N.Y. 1995) (Peck, M.J.) (citing Johnson v. Glick, 481 F.2d 1028, 1034 (2d Cir.), cert. denied, 414 U.S. 1033, 94 S. Ct. 462, 38 L. Ed. 2d 324 (1973); Al-Jundi v. Estate of Rockefeller, 885 F.2d 1060, 1065 (2d Cir. 1989)). "Thus, a supervisor who has not directly participated in the alleged deprivation of constitutional rights cannot be found liable for damages, with three exceptions: (1) if after learning of the constitutional deprivation through a report or appeal, the supervisor failed to remedy the wrong; (2) if the supervisor created a policy or custom under which unconstitutional practices occurred, or allowed such a policy or custom to continue; or (3) if the supervisor was grossly negligent in managing the subordinates who caused the unlawful condition or event." Zamakshari v. Dvoskin, 899 F. Supp. at 1109 (Peck, M.J.) (citing Williams v. Smith, 781 F.2d 319, 323-24 (2d Cir. 1986)).

 McCray v. Kralik, 1996 U.S. Dist. LEXIS 9474, 1996 WL 378273 at *3.

 Plaintiff Wright has failed to allege that defendants Warden Kane or Commissioner Jacobson in any way were personally involved in the November 24, 1995 incident, nor has he alleged facts to support any of the exceptions referred to above. Similarly, Wright has failed to allege that Capt. Matos was personally involved in C.O. Nunez's alleged absence from his post, or facts to support any of the exceptions as to Capt. Matos. Therefore, Wright has failed to state a claim upon which relief can be granted as to Warden Kane and Commissioner Jacobson, or a claim against Capt. Matos except for his personal alleged indifference to Wright's need for medical care. *fn1" I recommend that the Court dismiss those claims as frivolous.


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.